Patsy v. Florida Intern. University, 79-2965
Decision Date | 28 February 1980 |
Docket Number | No. 79-2965,79-2965 |
Citation | 612 F.2d 946 |
Parties | 24 Fair Empl.Prac.Cas. 1372 Georgia PATSY, Plaintiff-Appellant, v. FLORIDA INTERNATIONAL UNIVERSITY, Board of Regents of the State of Florida, a body corporate, for and on behalf of Florida International University, Defendant-Appellee. Summary Calendar. * |
Court | U.S. Court of Appeals — Fifth Circuit |
Denis Dean, Sr., Miami, Fla., for plaintiff-appellant.
Mahoney, Hadlow & Adams, Jeffrey H. Klink, Jacksonville, Fla., Mahoney, Hadlow & Adams, John W. Kozyak, Miami, Fla., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Florida.
Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.
Appellant Georgia Patsy brought this action under 42 U.S.C. § 1983 after her applications for employment with the University had been rejected a number of times. The district court dismissed the suit on the grounds that Patsy had not exhausted her administrative remedies within the state university system, relying on Penn v. Schlesinger, 497 F.2d 970 (5th Cir. 1974) (en banc), Cert. denied, 426 U.S. 934, 96 S.Ct. 2646, 49 L.Ed.2d 385 (1976). Patsy appeals. We reverse and remand.
Exhaustion of administrative remedies is not a prerequisite of a § 1983 suit. See, e. g., Ellis v. Dyson, 421 U.S. 426, 432-33, 95 S.Ct. 1691, 1694-95, 44 L.Ed.2d 274 (1975) (); Steffel v. Thompson, 415 U.S. 452 472, 94 S.Ct. 1209, 1222, 39 L.Ed.2d 505 (1974) (); Gibson v. Berryhill, 411 U.S. 564, 574, 93 S.Ct. 1689, 1695, 1696, 36 L.Ed.2d 488 (1973) (); Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). The district court's reliance on Penn v. Schlesinger, is misplaced, as that case involved § 1981, not § 1983.
Appellees also attempt to support the dismissal on grounds not considered by the district court. They argue that the University is not a "person" under § 1983, and that the Eleventh Amendment bars the suit. Since the district court did not rule on these contentions, we leave it to that court to address them first.
REVERSED and REMANDED.
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Patsy v. Board of Regents of State of Florida
...remedies. On appeal, a panel of the Court of Appeals reversed, and remanded the case for further proceedings. Patsy v. Florida International University, 612 F.2d 946 (1980). The full court then granted respondent's petition for rehearing and vacated the panel The Court of Appeals reviewed n......
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Patsy v. Florida Intern. University
...on the ground that exhaustion of administrative remedies is not a prerequisite of a section 1983 suit. Patsy v. Florida International University, 612 F.2d 946 (5th Cir. 1980). We took this case en banc for the purpose of considering whether to adhere to an automatic rule that no section 198......
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