Gibson v. Berryhill

Mr. Justice Marshall, with whom Mr. Justice Brennan joins,

concurring.

I join the opinion of the Court except insofar as it suggests that the question remains open whether plaintiffs in some suits brought under 42 U. S. C. § 1983 may have to exhaust administrative remedies. See ante, at 574-575. In my opinion, the inapplicability of the exhaustion requirement to any suit brought under § 1983 has been firmly settled by this Court’s prior decisions, McNeese v. Board of Education, 373 U. S. 668, 671-672 (1963). See also Houghton v. Shafer, 392 U. S. 639 (1968); King v. Smith, 392 U. S. 309, 312 n. 4 (1968); Damico v. California, 389 U. S. 416 (1967).