Amsley v. West Virginia Racing Commission

BOREMAN, Circuit Judge.

Plaintiff, John Junior Amsley, a Pennsylvania resident, brought this action against the West Virginia Racing Com*816mission (hereafter Commission) in the federal district court for the Northern District of West Virginia seeking declaratory and injunctive relief for alléged constitutional deprivations. The ■Commission, assigning several grounds, moved for dismissal and the action was dismissed upon the sole ground that plaintiff had failed to exhaust his state .administrative remedies. On appeal Amsley contends that it was not necessary to seek adjudication of federal…