Exhaustion of Remedies
Whether you need to go through state or administrative channels before filing a § 1983 suit — usually no, with one big exception.
What It Is
Exhaustion requires a plaintiff to pursue available administrative or state remedies before filing a federal lawsuit. The question: do you have to file a complaint with internal affairs, go through a grievance process, or sue in state court first?
The General Rule: No Exhaustion Required
For most § 1983 cases, no exhaustion is required. Patsy v. Board of Regents, 457 U.S. 496 (1982) — The Supreme Court held that § 1983 plaintiffs do not need to exhaust state administrative remedies before filing in federal court.
You don’t need to:
- File an internal affairs complaint
- Go through a civilian review board
- Sue in state court first
- File a grievance
The Big Exception: Prisoners
The Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does require prisoners to exhaust available administrative remedies before filing a § 1983 suit. This means going through the jail or prison’s grievance system — each step of it — before you can file in federal court.
The PLRA exhaustion requirement is strictly enforced. If you skip a step, file late, or don’t follow the grievance procedures exactly, your case gets dismissed.
Why It Matters
For non-prisoners: good news. You can file your § 1983 case immediately. Don’t wait for internal investigations, don’t wait for the city to respond to your complaint. File.
For prisoners: the exhaustion requirement is a significant barrier. Grievance systems are often designed to be difficult to navigate, and any procedural misstep can kill your case.
Key Cases
- Patsy v. Board of Regents, 457 U.S. 496 (1982) — No exhaustion required for § 1983
- Woodford v. Ngo, 548 U.S. 81 (2006) — PLRA requires “proper exhaustion” of all available administrative remedies
- Ross v. Blake, 578 U.S. 632 (2016) — Exhaustion required only of “available” remedies; if the grievance system is effectively unavailable, exhaustion isn’t required