On February 21, 2025, the United States Supreme Court ruled that states may not require 42 U.S.C. § 1983 claimants to exhaust administrative remedies before bringing a state court lawsuit challenging the procedural aspect of the administrative agency’s handling of the administrative claim. This decision leaves the door open for public employers facing substantive § 1983 claims in state court to argue an administrative exhaustion defense, so defendants facing a § 1983 claim in state court may want to pause before seeking removal because state court may now be the preferable venue in certain cases. Check out our legal alert here for more details.
