16 Alabama opinions name it 2 courts 1980–2012 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hall v. City of Dothangreen2 sentences2011Under that doctrine “ ‘judicial interference is withheld until the administrative process has run its course.’ ” Id. “ ‘In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative remedies before obtaining judicial review: “ ‘ “The exhaustion doctrine allows an agency to fully develop technical issues and factual records within its particular area of expertise prior to judicial review. 2009Entrekin approved the “exhaustion of administrative remedies” doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies “where a claim is cognizable in the first instance by an administrative agency alone.” By that doctrine “judicial interference is withheld until the administrative process has run its course....” Entrekin, at 210, 314 So.2d 663 .’ “In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative re | 2 | 6 |
Fraternal Order of Police, Strawberry Lodge 40 v. Entrekingreen2 sentences2009Entrekin approved the “exhaustion of administrative remedies” doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies “where a claim is cognizable in the first instance by an administrative agency alone.” By that doctrine “judicial interference is withheld until the administrative process has run its course....” Entrekin, at 210, 314 So.2d 663 .’ “In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative re 1995Entrekin approved the 'exhaustion of administrative remedies' doctrine found in United States v. Western Pacific Railroad Co. , 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies 'where a claim is cognizable in the first instance by an administrative agency alone.' By that doctrine 'judicial interference is withheld until the administrative process has run its course. . . .' Entrekin , at 210, 314 So.2d 663 ." In Hall v. City of Dothan , 539 So.2d 286 (Ala.Civ.App. 1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrat | 2 | 2 |
Bateman v. Blue Cross-Blue Shield of Alabamagreen2 sentences1989The exhaustion requirement serves a number of purposes, among which are the following: “ ‘(1) to avoid premature interruption of the administrative process; (2) to let the agency develop the necessary factual background upon which decisions should be based; (3) to permit the agency to exercise its discretion or apply its expertise; (4) to improve the efficiency of the administrative process; (5) to conserve scarce judicial resources, since the complaining party may be successful in vindicating rights in the administrative process and the courts may never have to intervene; (6) to give the agen 1988See also McKart v. United States , 395 U.S. 185 , 193-94 , 89 S.Ct. 1657 , 1662-63 , 23 L.Ed.2d 194 (1969)." Bateman v. Blue Cross-Blue Shield of Alabama , 579 F. Supp. 265 , 267 (M.D.Ala. 1984). | 2 | 2 |
Goolsby v. Greengreen2 sentences1989Hall, supra. These exceptions generally arise when: “ ‘(1) the question raised is one of an interpretation of a statute, (2) the action raises questions of law only and not matters requiring administrative findings of fact or the exercise of administrative discretion, (3) exhaustion of administrative remedies would be futile or the remedies provided would be inadequate, and (4) requiring exhaustion of administrative remedies would result in irreparable harm.’ ” Hall, supra, at 289 (quoting Goolsby v. Green, 431 So.2d 955, 958 (Ala.1983)). 1988Porter v. Schweiker, supra. Our supreme court has noted that these exceptions arise generally when: "(1) the question raised is one of an interpretation of a statute, (2) the action raises questions of law only and not matters requiring administrative findings of fact or the exercise of administrative discretion, (3) exhaustion of administrative remedies would be futile or the remedies provided would be inadequate, and (4) requiring exhaustion of administrative remedies would result in irreparable harm." Goolsby v. Green , 431 So.2d 955 , 958 (Ala. 1983). | 1 | 2 |
Dwight E. Freeman v. Warden Francis Corrections Officer Shoemaker Nurse Kentgreen1 sentence2012A broad exhaustion requirement that includes excessive force claims effectuates this purpose and maximizes the benefits of requiring prisoners to use prison grievance procedures before coming to federal court.” Freeman v. Francis, 196 F.3d 641, 644 (6th Cir.1999) (emphasis added). | 1 | 1 |
Smith v. Robinsonred2 sentences1993See *165 Smith v. Robinson, 468 U.S. 992 [1015-16 n. 17], 104 S.Ct. 3457 , 3470-71 n. 17 [ 82 L.Ed.2d 746 ] (1984). 1993See *165 Smith v. Robinson, 468 U.S. 992 [1015-16 n. 17], 104 S.Ct. 3457 , 3470-71 n. 17 [ 82 L.Ed.2d 746 ] (1984). | 1 | 1 |
McKart v. United Statesgreen2 sentences1988See also McKart v. United States , 395 U.S. 185 , 193-94 , 89 S.Ct. 1657 , 1662-63 , 23 L.Ed.2d 194 (1969)." Bateman v. Blue Cross-Blue Shield of Alabama , 579 F. Supp. 265 , 267 (M.D.Ala. 1984). 1988See also McKart v. United States , 395 U.S. 185 , 193-94 , 89 S.Ct. 1657 , 1662-63 , 23 L.Ed.2d 194 (1969)." Bateman v. Blue Cross-Blue Shield of Alabama , 579 F. Supp. 265 , 267 (M.D.Ala. 1984). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Western Pacific Railroad
green
2 sentences2011Under that doctrine “ ‘judicial interference is withheld until the administrative process has run its course.’ ” Id. “ ‘In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative remedies before obtaining judicial review: “ ‘ “The exhaustion doctrine allows an agency to fully develop technical issues and factual records within its particular area of expertise prior to judicial review. 2009Entrekin approved the “exhaustion of administrative remedies” doctrine found in United States v. Western Pacific Railroad Co., 352 U.S. 59 , 77 S.Ct. 161 , 1 L.Ed.2d 126 (1956), which applies “where a claim is cognizable in the first instance by an administrative agency alone.” By that doctrine “judicial interference is withheld until the administrative process has run its course....” Entrekin, at 210, 314 So.2d 663 .’ “In Hall v. City of Dothan, 539 So.2d 286 (Ala.Civ.App.1988), the Court of Civil Appeals discussed the purpose of the requirement that public employees exhaust administrative re | 3 | 1995–2011 |
City of Gadsden v. Entrekin
green
2 sentences1996Ex parte Lake Forest Property Owners' Ass'n , 603 So.2d 1045 , 1047 (Ala. 1992); Entrekin , 387 So.2d at 833 . 1992City of Gadsden v. Entrekin, 387 So.2d 829 (Ala.1980). | 3 | 1992–1996 |
Ella Porter v. Richard S. Schweiker, in His Official Capacity as Secretary of Health and Human Services
green
2 sentences1999Porter v. Schweiker, [ 692 F.2d 740 , 742 (11th Cir. 1982)]. 1988The exhaustion requirement serves a number of purposes, among which are these: "(1) to avoid premature interruption of the administrative process; (2) to let the agency develop the necessary factual background upon which decisions should be based; (3) to permit the agency to exercise its discretion or apply its expertise; (4) to improve the efficiency of the administrative process; (5) to conserve scarce judicial resources, since the complaining party may be successful in vindicating rights in the administrative process and the courts may never have to intervene; (6) to give the agency a chanc | 2 | 1988–1999 |
Patsy v. Board of Regents of Fla.
green
2 sentences1988The exhaustion requirement serves a number of purposes, among which are these: "(1) to avoid premature interruption of the administrative process; (2) to let the agency develop the necessary factual background upon which decisions should be based; (3) to permit the agency to exercise its discretion or apply its expertise; (4) to improve the efficiency of the administrative process; (5) to conserve scarce judicial resources, since the complaining party may be successful in vindicating rights in the administrative process and the courts may never have to intervene; (6) to give the agency a chanc 1988The exhaustion requirement serves a number of purposes, among which are these: "(1) to avoid premature interruption of the administrative process; (2) to let the agency develop the necessary factual background upon which decisions should be based; (3) to permit the agency to exercise its discretion or apply its expertise; (4) to improve the efficiency of the administrative process; (5) to conserve scarce judicial resources, since the complaining party may be successful in vindicating rights in the administrative process and the courts may never have to intervene; (6) to give the agency a chanc | 2 | 1988–1999 |
Ex Parte Lake Forest Property Owners'ass'n
green
2 sentences1996Ex parte Lake Forest Property Owners' Ass'n , 603 So.2d 1045 , 1047 (Ala. 1992); Entrekin , 387 So.2d at 833 . 1994Further, we have considered Ex parte Lake Forest Property Owners’ Association, 603 So.2d 1045 (Ala.1992), and find that the exceptions to the exhaustion doctrine listed therein are inapplicable in the present case. | 2 | 1994–1996 |
City of Huntsville v. Smartt
green
2 sentences1996Citing Ex parte Graddick , 495 So.2d 1367 (Ala. 1986); Mobile Gulf R.R. v. Crocker , 455 So.2d 829 (Ala. 1984); and City of Huntsville v. Smartt , 409 So.2d 1353 (Ala. 1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. 1996Citing Ex parte Graddick, 495 So.2d 1367 (Ala.1986); Mobile & Gulf R.R. v. Crocker, 455 So.2d 829 (Ala.1984); and City of Huntsville v. Smartt, 409 So.2d 1353 (Ala.1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. | 1 | 1996–1996 |
Faulkner v. University of Tennessee
green
2 sentences1996In Faulkner v. University of Tennessee , supra, our supreme court noted that a circuit court should not enter a summary judgment (which is a judgment on the merits) if the circuit court concludes that, because of the application of the exhaustion doctrine, the circuit court does not have jurisdiction to adjudicate the claim. 627 So.2d at 364 . 1996In Faulkner v. University of Tennessee , supra, our supreme court noted that a circuit court should not enter a summary judgment (which is a judgment on the merits) if the circuit court concludes that, because of the application of the exhaustion doctrine, the circuit court does not have jurisdiction to adjudicate the claim. 627 So.2d at 364 . | 1 | 1996–1996 |
Ex Parte Graddick
green
2 sentences1996Citing Ex parte Graddick , 495 So.2d 1367 (Ala. 1986); Mobile Gulf R.R. v. Crocker , 455 So.2d 829 (Ala. 1984); and City of Huntsville v. Smartt , 409 So.2d 1353 (Ala. 1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. 1996Citing Ex parte Graddick, 495 So.2d 1367 (Ala.1986); Mobile & Gulf R.R. v. Crocker, 455 So.2d 829 (Ala.1984); and City of Huntsville v. Smartt, 409 So.2d 1353 (Ala.1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. | 1 | 1996–1996 |
Mobile & Gulf R. Co. v. Crocker
green
2 sentences1996Citing Ex parte Graddick , 495 So.2d 1367 (Ala. 1986); Mobile Gulf R.R. v. Crocker , 455 So.2d 829 (Ala. 1984); and City of Huntsville v. Smartt , 409 So.2d 1353 (Ala. 1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. 1996Citing Ex parte Graddick, 495 So.2d 1367 (Ala.1986); Mobile & Gulf R.R. v. Crocker, 455 So.2d 829 (Ala.1984); and City of Huntsville v. Smartt, 409 So.2d 1353 (Ala.1982), the College and Dr. Beaty argue that McLeod and Dinkins failed to exhaust the administrative remedies available to them. | 1 | 1996–1996 |
Panola Land Buyers Association v. Shuman
green
1 sentence1991Courts will not require exhaustion when the administrative remedy is inadequate because it does not exist, or would not provide relief commensurate with the claim, or would unreasonably delay the action and thereby create a serious risk of irreparable injury.’ Panola Land Buyers Ass’n v. Shuman, 762 F.2d 1550 , 1556 (11th Cir.1985) (citations omitted; emphasis added). | 1 | 1991–1991 |
cluster 384395
green
1 sentence1988The exhaustion requirement serves a number of purposes, among which are these: "(1) to avoid premature interruption of the administrative process; (2) to let the agency develop the necessary factual background upon which decisions should be based; (3) to permit the agency to exercise its discretion or apply its expertise; (4) to improve the efficiency of the administrative process; (5) to conserve scarce judicial resources, since the complaining party may be successful in vindicating rights in the administrative process and the courts may never have to intervene; (6) to give the agency a chanc | 1 | 1988–1988 |
Watson v. Norris
green
2 sentences1980In addition to these authorities and the cases cited therein, this Court in Watson v. Norris , 283 Ala. 380 , 217 So.2d 246 (1969), applied the exhaustion doctrine in a case involving an attack upon a zoning administrator's denial of a use permit. 1980In addition to these authorities and the cases cited therein, this Court in Watson v. Norris , 283 Ala. 380 , 217 So.2d 246 (1969), applied the exhaustion doctrine in a case involving an attack upon a zoning administrator's denial of a use permit. | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.