Mississippi Law Journal, Vol. 51, No. 2 (June 1980), pp. 283-299


Georgia Patsy, a white female secretary, brought a civil rights action under section 1983 of title 42 of the United States Code against Florida International University in the United States District Court for the Southern District of Florida, alleging employment discrimination in violation of the Constitution and laws of the United States. The district court dismissed the action for failure to exhaust state administrative remedies. The Court of Appeals for the Fifth Circuit reversed on the ground that failure to allege exhaustion of state remedies did not preclude a section 1983 cause of action. On rehearing en banc, the court of appeals, held, vacated and remanded. Absent any of the traditional exceptions to the general rule of exhaustion, all adequate and appropriate state administrative remedies must be exhausted before actions can be brought under section 1983. Patsy v. Florida International University, 6343 F.2d 900 (5th Cir. 1981).