PATSY v. FLORIDA BOARD OF REGENTS

No. 80-1874.

457 U.S. 496 (1982)

PATSY v. BOARD OF REGENTS OF THE STATE OF FLORIDA

Supreme Court of United States.

Decided June 21, 1982.


Attorney(s) appearing for the Case

Charles S. Sims argued the cause for petitioner. With him on the briefs were Bruce J. Ennis, Jr., E. Richard Larson, Steven R. Shapiro, and Joel M. Gora.

Mitchell D. Franks argued the cause for respondent. With him on the brief was Jeffrey H. Klink.*

Briefs of amici curiae urging affirmance were filed by Fred E. Inbau, Wayne W. Schmidt, and James P. Manak for Americans for Effective Law Enforcement, Inc.; and by John C. Ross, Jr., for the Texas Municipal League et al.

Briefs of amici curiae were filed for the State of Washington et al. by Kenneth O. Eikenberry, Attorney General of Washington, Malachy R. Murphy, Deputy Attorney General, and Thomas R. Bjorgen, Assistant Attorney General, and the Attorneys General for their respective States or jurisdictions as follows: Aviata F. Faalevad of American Samoa, Charles A. Graddick of Alabama, Wilson L. Condon of Alaska, Robert Corbin of Arizona, Michael J. Bowers of Georgia, Tany S. Hong of Hawaii, David H. Leroy of Idaho, Tyrone C. Fahner of Illinois, Linley E. Pearson of Indiana, Robert T. Stephan of Kansas, Steven L. Beshear of Kentucky, William J. Guste, Jr., of Louisiana, Frank J. Kelley of Michigan, Warren R. Spannaus of Minnesota, William A. Allain of Mississippi, John D. Ashcroft of Missouri, Michael T. Greely of Montana, Paul L. Douglas of Nebraska, Richard H. Bryan of Nevada, Gregory H. Smith of New Hampshire, James R. Zazzali of New Jersey, Rufus L. Edmisten of North Carolina, Robert O. Wefald of North Dakota, William J. Brown of Ohio, LeRoy S. Zimmerman of Pennsylvania, Dennis J. Roberts II of Rhode Island, Daniel R. McLeod of South Carolina, Mark White of Texas, David L. Wilkinson of Utah, John J. Easton, Jr., of Vermont, Chauncey H. Browning, Jr., of West Virginia, Bronson C. La Follette of Wisconsin, and Steven F. Freudenthal of Wyoming; and for the National Education Association et al. by Michael H. Gottesman, Robert M. Weinberg, Jeremiah A. Collins, Richard C. Dinkelspiel, William L. Robinson, and Norman J. Chachkin.


JUSTICE MARSHALL delivered the opinion of the Court.

This case presents the question whether exhaustion of state administrative remedies is a prerequisite to an action under 42 U. S. C. § 1983 (1976 ed., Supp. IV). Petitioner Georgia Patsy filed this action, alleging that her employer, Florida International University (FIU), had denied her employment opportunities solely on the basis of her race and sex. By a divided...

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