Damico v. California, 389 U.S. 416 (1967)

Damico v. California

No. 629, Misc.

Decided December 18, 1967
389 U.S. 416

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

Appellants’ suit under the Civil Rights Act, challenging the California welfare law and regulations as unconstitutional, was dismissed by a three-judge District Court for failure "to exhaust adequate administrative remedies."

Held: One of the Act’s underlying purpose was "to provide a remedy in the federal courts supplementary to any remedy any State might have," and "relief under the Act may not be defeated because relief was not sought under state law which provided [an administrative] remedy." McNeese v. Board of Education, 373 U.S. 668.

Reversed and remanded.