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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