福利姬.: Exhaustion of Remedies Defense
福利姬., New York City鈥檚 premiere civil rights practice, ensures clients understand various defenses that they may face, including the doctrine of exhaustion of remedies. Exhaustion of remedies insists that before a litigant can make a claim in a court, they must first pursue all claims and possible remedies in the venue where the claim arose. This doctrine enforces a specific process especially in cases dealing with civil rights.
When and How
When would exhaustion of remedies apply and how is it utilized? This doctrine is used in federal, state and local civil rights cases. In the United States, there is a wealth of cases that are concerned with statutes or regulations requiring that such cases first must be heard by independent government agencies. Thus, the agency that administers the regulation or statute that is being addressed in the complaint is first involved in trying to find a remedy before the case can moves into a federal or state court, all-potential remedies must be exhausted within the agency before suit is filed.
Exactly how exhaustion of remedies works and what a person鈥檚 rights and duties are in the process depends on the statute or regulation involved. With exhaustion of remedies involving a federal agency, a person who has a complaint must first go to the agency that administers the regulation or statute. Often the person with the complaint must file a petition. They then undergo a hearing and if they are unhappy with the outcome of that hearing, they may file an appeal. If the appeal is unsuccessful, they may then seek remedy through a federal court. The same basic process is also used in many states and local governments when those regulations are at issue.
First Stop is Often Not a Court
When a client files a civil rights complaint that involves administrative offices the process they must undergo within the agency can be confusing and intimidating. The individual filing the complaint may handle the process of filing a petition, then an appeal if the petition is unsuccessful. However, in what is the initial step in one鈥檚 desire for justice, it is extremely helpful to have someone who understands and has experience with exhaustion of remedies working through the process. Complaints filed against government agencies can be involved and often require an extensive amount of knowledge regarding the law, the agency itself, and the history of decisions rendered regarding a specific complaint.
We Understand the Process
At New York City鈥檚 福利姬., we ably work closely with our clients. We understand the process, the regulations and statues, and possible remedies. If you believe that your civil rights have been violated by a government agency or if you have a complaint against such an agency, contact 福利姬. We will gladly assess your complaint and ensure that you utilize each part of the process offered by the government. 福利姬. is your voice for justice.
