Legal Question in Appeals and Writs in California

Is it possible to file in federal court on a USC 1983 violation after exhausting the administrative proceedings through the superior courts but did not succeed, in that the state administrative mandamus proceeding is always a long shot and cannot provide the relief needed including damages or a reinstatement. Is their some estoppel issue? Even if the complaints are separate issues? The agency is a local agency which administers and is funded by a federal program. Thank you in advance for any guidance.


Asked on 3/06/13, 1:48 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Federal courts will not intervene in state-court proceedings. It makes no difference that the proceedings involved an agency which receives federal funds.

If you lost in the administrative hearing and in the Superior Court, your next step is the California Court of Appeal.

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Answered on 3/06/13, 12:07 pm


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