Mack A. Wilson v. The Florida Board of Regents Florida a & M University, Walter L. Johnson Charles C. Kidd, Gertrude Simmons & Walter L. Smith

Eleventh Circuit

Mack A. Wilson v. The Florida Board of Regents Florida a & M University, Walter L. Johnson Charles C. Kidd, Gertrude Simmons & Walter L. Smith

694 F.2d 239, 1982 U.S. App. LEXIS 23195

Court of Appeals for the Eleventh Circuit·Decided December 20, 1982·No. 82-5429·Published·Cited by 1 cases

Opinion

PER CURIAM:

The district court, relying on our decision in Patsy v. Florida International University, 634 F.2d 900 (5th Cir.1981), dismissed appellant’s complaint because it did not sufficiently allege exhaustion or inadequacy of administrative remedies. Subsequently, the United States Supreme Court, reversing our decision in Patsy, held that exhaustion of state administrative remedies is not a prerequisite to an action under 42 U.S.C. § 1983. Patsy v. Board of Regents of the State of Florida, - U.S. -, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982). In light of the Supreme Court’s ruling, we reverse the judgment of the district court and remand for further proceedings.

REVERSED AND REMANDED.

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PER CURIAM:

The district court, relying on our decision in Patsy v. Florida International University, 634 F.2d 900 (5th Cir.1981), dismissed appellant’s complaint because it did not sufficiently allege exhaustion or inadequacy of administrative remedies. Subsequently, the United States Supreme Court, reversing our decision in Patsy, held that exhaustion of state administrative remedies is not a prerequisite to an action under 42 U.S.C. § 1983. Patsy v. Board of Regents of the State of Florida, - U.S. -, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982). In light of the Supreme Court’s ruling, we reverse the judgment of the district court and remand for further proceedings.

REVERSED AND REMANDED.

Mack A. Wilson v. The Florida Board of Regents Florida a & M University, Walter L. Johnson Charles C. Kidd, Gertrude Simmons & Walter L. Smith, 694 F.2d 239, 1982 U.S. App. LEXIS 23195 (11th Cir. 1982).

Pincite

694 F.2d 239 (Mack A. Wilson v. The Florida Board of Regents Florida a & M University, Walter L. Johnson Charles C. Kidd, Gertrude Simmons & Walter L. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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