Legal Opinion

United States ex rel. Ricketts v. Lightcap

Court of Appeals for the Third Circuit

Decided December 14, 1977No. 76-1841PublishedCited by 32 opinions

1Opinion of the Court

JAMES HUNTER, III, Circuit Judge:

This appeal raises the question whether a state prisoner must exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 in federal court for deprivation of his constitutional rights. The District Court for the Middle District of Pennsylvania dismissed the prisoner’s pro se complaint under F.R.Civ.P. 12(b) for failure to exhaust such remedies. Since the decisions of the Supreme Court indicate that state prisoners need not exhaust administrative remedies, we reverse and remand the case for further proceedings.

This case is the second…

2Cases cited44 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Preiser v. RodriguezSupreme Court of the United States · 1973
  5. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967

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3Cited by32 opinions

  1. Philadelphia Federation of Teachers, American Federation of Teachers, Local 3, Afl-Cio Local 22, International Association of Fire Fighters, Afl-Cio District Council 47, American Federation of State, County and Municipal Employees, Afl-Cio, No. 97-1553 v. Thomas J. Ridge, in His Official Capacity as the Governor of the Commonwealth of Pennsylvania Johnny Butler, in His Official Capacity as Secretary of Labor and Industry of the Commonwealth of Pennsylvania Richard A. Himler, in His Official Capacity as Director of the Bureau of Workers' Compensation. Philadelphia Federation of Teachers, American Federation of Teachers, Local 3, Afl-Cio Local 22, International Association of Fire Fighters, Afl-Cio District Council 47, American Federation of State, County and Municipal Employees, Afl-Cio v. Thomas J. Ridge, in His Official Capacity as the Governor of the Commonwealth of Pennsylvania Johnny Butler, in His Official Capacity as Secretary of Labor and Industry of the Commonwealth of Pennsylvania Richard A. Himler, in His Official Capacity as Director of the Bureau of Workers' Compensation, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania Johnny J. Butler, Secretary of Labor and Industry of the Commonwealth of Pennsylvania and Richard A. Himler, Director of the Bureau of Workers' Compensation of the Commonwealth of Pennsylvania, No. 97-1589Court of Appeals for the Third Circuit · 1998
  2. Patsy v. Florida International UniversityCourt of Appeals for the Fifth Circuit · 1981
  3. Weaver v. WilcoxCourt of Appeals for the Third Circuit · 1981
  4. Wilson v. RobinsonCourt of Appeals for the Eighth Circuit · 1981
  5. Shuman v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1979

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