Mitchell v. Wright

HOLMES, Circuit Judge.

This is an action by appellant, suing in behalf of himself and all others similarly situated. It was brought against appellees for their refusal, solely on the ground of his race or color, to register him. He prayed for a declaratory judgment, a permanent injunction, and damages in the sum of five thousand dollars. On motion of the defendants, the court below dismissed the complaint in its entirety on the ground that the plaintiff had failed to exhaust his administrative remedy in the state courts of Alabama.

The motion to dismiss, as a matter of law, admitted all of the…