METCALF ET AL.
v.
SWANK, DIRECTOR, DEPARTMENT OF PUBLIC AID OF ILLINOIS, ET AL.

U.S. | 1972-05-15
No. 71-5515
Mr. Justice Rehnquist took no part in the consideration or decision of this case.
406 U.S. 914 Supreme Court of the United States (1972) Positive Treatment
Cited by 2 cases

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  • McCRAY v. Burrell, 516 F.2d 357 (4th Cir. 1975)
    …held to any stricter standard of exhaustion than other civil rights plaintiffs. Houghton v. Shafer. . . '. ” 404 U.S. at 251, 92 S.Ct. at 409. Carter v. Stanton, 405 U.S. 669, 92 S.Ct. 1232, 31 L.Ed.2d 569 (1972) (per curiam), and Metcalf v. Swank, 406 U.S. 914, 92 S.Ct. 1778, 32 L.Ed.2d 1113 (1972) (mem. op.), are chronologically next in the line of authority. Both were § 1983 suits by welfare recipients. In Carter, a judgment dismissing the- complaint for failure to exhaust a state administrative remedy…
  • Brooks v. Ctr. Twp., 485 F.2d 383 (7th Cir. 1973)
    …recipients this court in Metcalf v. Swank, 444 F. 2d 1353 (7th Cir. 1971), affirmed dismissal for failure to exhaust state remedy. The Supreme Court vacated and remanded for further consideration in the light of Carter v. Stanton. Metcalf v. Swank, 406 U.S. 914, 92 S.Ct. 1778, 32 L.Ed.2d 113 (1972). In Gibson v. Berryhill, 411 U.S. 564, 93 S.Ct. 1689, 36 L.Ed.2d 488 (1973), the court cited McNeese and Damico for the proposition that the court had “expressly held in recent years that state administrative r…

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