Cedric Epple v. Albany Unified School District, et al.

In Pakdel v. City & Cty. of S.F., 141 S. Ct. 2226

1. this Court summarily reversed the Ninth Circuit’s decision in Pakdel v. City & Cty. of S.F., 952 F.3d 1157 (9th Cir. 2020), and held that exhaustion of state court remedies is not required to litigate a claim in federal court under 42 U.S.C. § 1983. This petition raises the same issue and should be likewise be disposed of with summary reversal. As in Pakdel, the Ninth Circuit will not allow a litigant to bring a claim in federal court unless he has exhausted his judicial remedies in state court. Here, the Ninth Circuit applied that rule to preclude a Section 1983 claim in a case where the plaintiff was compelled to seek exhaustion under this rule and failed to prevail in those state proceedings. The questions presented are:

2. Whether the Ninth Circuit erred in holding, in direct conflict with this Court’s precedent, that litigants challenging administrative actions must exhaust their state court judicial remedies to bring a Section 1983 claim in federal court?

3. Whether issue preclusion can apply when the Ninth Circuit unlawfully requires exhaustion of state court remedies on a Section 1983 claim?