Jones v. DeNotaris

AMENDED MEMORANDUM

PRATTER, District Judge.

This case presents novel questions of law in the Third Circuit: first, whether a plaintiff alleging violations of the Randolph-Sheppard Act (“RSA”), 20 U.S.C. § 107 et seq., may proceed directly against a state licensing agency and its officials under 42 U.S.C. § 1983, and, second, whether he may proceed without “exhausting” the procedures explicitly provided for *590by the RSA. For the reasons that follow, the Court answers both questions in the negative.

I. THE RANDOLPH-SHEPPARD ACT

“For the purposes of providing blind persons with remunerative…