Does a Plaintiff have to appeal the Commissioner's action to the Court of Appeal?

MultiRegion, United States of America

The following excerpt is from Ward, Bittle, Miller, et al. v. Thomas, 207 F.3d 114 (2nd Cir. 1998):

As to the timely exhaustion of administrative remedies, the court concluded that the subclass was not required to appeal the Commissioner's action to a state administrative forum within the 60 days required under Connecticut law because the suit challenged the Commissioner's policy on its face rather than as applied. See id. at 113-14. The district court also noted that there was no administrative exhaustion requirement under 1983; therefore, the subclass's action was properly filed within the three-year statute of limitations period for 1983 suits in Connecticut. See id. at 114 (citing Patsy v. Board of Regents, 457 U.S. 496, 516 (1982)).

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