patsy florida board regents argued march decided june petitioner filed action federal district declaratory injunctive relief damages alleging respondent employer denied employment opportunities solely basis race sex district granted respondent motion dismiss petitioner exhausted available state administrative remedies appeals vacated holding plaintiff required exhaust administrative remedies certain specified conditions met remanded case district determine whether exhaustion appropriate instant case held exhaustion state administrative remedies prerequisite action pp conclusion supported legislative histories supp iv carves narrow exception general rule established prior decisions creating specific limited exhaustion requirement adult prisoners bringing actions pursuant judicially imposed exhaustion requirement cases adult prisoners cases inconsistent congress decision adopt usurp policy judgments congress reserved also inconsistent detailed exhaustion scheme embodied pp even respondent argues exhaustion requirement lessen burden actions impose federal courts goal comity improve relations enable state agency enlighten federal ultimate decision policy considerations alone justify judicially imposed exhaustion unless exhaustion consistent congressional intent moreover difficult questions concerning design scope exhaustion requirement might answered swiftly surely legislation create costly litigation answered judiciary context diverse constitutional claims relating thousands different state agencies pp marshall delivered opinion brennan blackmun rehnquist stevens joined part white joined filed concurring opinion rehnquist joined post white filed opinion concurring part post powell filed dissenting opinion part ii burger joined post charles sims argued cause petitioner briefs bruce ennis richard larson steven shapiro joel gora mitchell franks argued cause respondent brief jeffrey klink briefs amici curiae urging reversal filed jack greenberg james nabrit iii bill lann lee eric schnapper naacp legal defense educational fund ellen josephson steven steinglass national legal aid defender association briefs amici curiae urging affirmance filed fred inbau wayne schmidt james manak americans effective law enforcement john ross texas municipal league et al briefs amici curiae filed state washington et al kenneth eikenberry attorney general washington malachy murphy deputy attorney general thomas bjorgen assistant attorney general attorneys general respective jurisdictions follows aviata faalevao american samoa charles graddick alabama wilson condon alaska robert corbin arizona michael bowers georgia tany hong hawaii david leroy idaho tyrone fahner illinois linley pearson indiana robert stephan kansas steven beshear kentucky william guste louisiana frank kelley michigan warren spannaus minnesota william allain mississippi john ashcroft missouri michael greely montana paul douglas nebraska richard bryan nevada gregory smith new hampshire james zazzali new jersey rufus edmisten north carolina robert wefald north dakota william brown ohio leroy zimmerman pennsylvania dennis roberts ii rhode island daniel mcleod south carolina mark white texas david wilkinson utah john easton vermont chauncey browning west virginia bronson la follette wisconsin steven freudenthal wyoming national education association et al michael gottesman robert weinberg jeremiah collins richard dinkelspiel william robinson norman chachkin justice marshall delivered opinion case presents question whether exhaustion state administrative remedies prerequisite action supp iv petitioner georgia patsy filed action alleging employer florida international university fiu denied employment opportunities solely basis race sex divided vote appeals fifth circuit found petitioner required exhaust adequate appropriate administrative remedies remanded case district consider adequacy administrative procedures patsy florida international university en banc granted certiorari reverse decision appeals petitioner alleges even though well qualified received uniformly excellent performance evaluations supervisors rejected positions fiu claims fiu unlawfully filled positions intentional discrimination basis race sex seeks declaratory injunctive relief alternative damages district southern district florida granted respondent board regents motion dismiss petitioner exhausted available administrative remedies appeal panel appeals reversed remanded case proceedings patsy florida international university full granted respondent petition rehearing vacated panel decision appeals reviewed numerous opinions holding exhaustion administrative remedies required concluded cases preclude application flexible exhaustion rule canvassing policy arguments favor exhaustion requirement appeals decided plaintiff required exhaust administrative remedies following minimum conditions met orderly system review appeal provided statute agency rule agency grant relief less commensurate claim relief available within reasonable period time procedures fair unduly burdensome used harass discourage legitimate claims interim relief available appropriate cases prevent irreparable injury preserve plaintiff rights administrative process minimum standards met must consider particular administrative scheme nature plaintiff interest values served exhaustion doctrine order determine whether exhaustion required appeals remanded case district determine whether exhaustion appropriate case ii question whether exhaustion administrative remedies ever required action prompted vigorous debate disagreement see turner prisoners sue study prisoner section cases federal courts harv rev note ind rev comment chi rev resolution issue however made much easier writing clean slate addressed issue well related issues several prior occasions respondent suggests prior precedents control decision today arguing cases distinguished facts fully consider question whether exhaustion required contention need detain us long beginning mcneese board education numerous occasions rejected argument action dismissed plaintiff exhausted state administrative remedies see barry barchi gibson berryhill carter stanton wilwording swenson houghton shafer king smith damico california cf steffel thompson federal claims premised required exhaustion state judicial administrative remedies recognizing paramount role congress assigned federal courts protect constitutional rights respondent may correct arguing several decisions based traditional exceptions exhaustion doctrine nevertheless stated categorically exhaustion prerequisite action deviated position years since mcneese therefore address question presented case one first impression iii respondent argues reconsider decisions adopt appeals exhaustion rule based mckart never announced definitive formula determining whether prior decisions overruled reconsidered however monell new york city dept social services articulated four factors considered two factors whether decisions question misconstrued meaning statute revealed legislative history whether overruling decisions inconsistent recent expressions congressional intent particularly relevant decision today concern legislative purpose paramount importance exhaustion context congress vested power prescribe basic procedural scheme claims may heard federal courts course courts play important role determining limits exhaustion requirement may impose requirement even congress expressly provided however initial question whether exhaustion required answered reference congressional intent defer exercise jurisdiction federal statute unless consistent intent therefore deciding whether reconsider prior decisions require exhaustion state administrative remedies look congressional intent reflected legislative history predecessor recent congressional activity area determining whether prior decisions misconstrued meaning begin review legislative history civil rights act stat precursor although recognize congress expressly contemplate exhaustion question believe tenor debates supports conclusion exhaustion administrative remedies actions judicially imposed civil rights act along fourteenth amendment enacted enforce crucial ingredients basic alteration federal system accomplished reconstruction era time federal government clearly established guarantor basic federal rights individuals incursions state power recognized mitchum foster quoting ex parte virginia purpose interpose federal courts people guardians people federal rights protect people unconstitutional action color state law whether action executive legislative judicial least three recurring themes debates cast serious doubt suggestion requiring exhaustion state administrative remedies consistent intent congress first passing congress assigned federal courts paramount role protecting constitutional rights representative dawes expressed view follows first remedy proposed bill resort courts proper place find redress wrongs power call courts offender rights privileges immunities hold account either civilly criminally infringement submit calm candid judgment every member house tribunal fitted equal exact justice likely meted temper moderation severity need always according law fact great tribunal constitution cong globe hereinafter globe congress intended throw open doors courts individuals threatened suffered deprivation constitutional rights remarks lowe provide individuals immediate access federal courts notwithstanding provision state law contrary example senator edmunds introduced bill senate stated closing remarks bill similar principle earlier act upheld prigg pennsylvania pet decided solemn duty congress constitution secure individual spite state aid case might precisely rights constitution gave intermediate authority arrest oppose direct performance duty congress globe emphasis added second theme debates suggests congress wanted impose exhaustion requirement major factor motivating expansion federal jurisdiction bill belief congress state authorities unable unwilling protect constitutional rights individuals punish violated rights see globe remarks stoughton state authorities local courts unable unwilling check evil punish criminals remarks lowe local administrations found inadequate unwilling apply proper corrective remarks coburn remarks sen pool remarks shurz remarks edmunds globe app remarks platt primary importance exhaustion question mistrust congress held factfinding processes state institutions see globe testimony hon thomas settle justice north carolina house judiciary committee defect lies much courts juries remarks rainey globe app remarks maynard congress believed federal courts less susceptible local prejudice existing defects factfinding processes state courts see globe remarks stoughton remarks coburn perceived defect factfinding processes particularly relevant question exhaustion administrative remedies exhaustion rules often applied deference superior factfinding ability relevant administrative agency see mckart third feature debates relevant exhaustion question fact many legislators interpreted bill provide dual concurrent forums state federal system enabling plaintiff choose forum seek relief cf monroe pape federal remedy supplementary state remedy latter need first sought refused federal one invoked example senator thurman noted object first centralizing tendency transferring mere private suits well punishment offenses state federal courts say section gives federal courts exclusive jurisdiction suppose understood leaves presume option person imagines injured sue state federal option least injured malice gratify likely avail globe app legislative history supports conclusion prior decisions holding exhaustion state administrative remedies prerequisite action misperceive statutory intent seems fair infer congress intend individual compelled every case exhaust state administrative remedies filing action civil rights act recognize however drawing conclusion history alone somewhat precarious congress presented question exhaustion administrative remedies aware potential role state administrative agencies therefore rely exclusively legislative history deciding question presented congress addressed question exhaustion recently enacted supp iv legislative history provides strong evidence congressional intent issue civil rights institutionalized persons act et seq supp iv enacted primarily ensure attorney general legal standing enforce existing constitutional rights federal statutory rights institutionalized persons conf conf congress also created specific limited exhaustion requirement adult prisoners bringing actions pursuant section legislative history demonstrate congress understood exhaustion generally required actions decided carve narrow exception rule judicially imposed exhaustion requirement inconsistent congress decision adopt usurp policy judgments congress reserved considering whether exhaustion requirement incorporated bill congress clearly expressed belief decision require exhaustion certain actions work change law witnesses testifying subcommittee drafted bill discussed decisions holding exhaustion required see hearings subcommittee courts civil liberties administration justice house committee judiciary hearings hearings subcommittee courts civil liberties administration justice house committee judiciary hearings hearings representative kastenmeier chairman subcommittee stated another thing think requires discussion within committee point argument whether exhaustion remedies requirement fact think pointed require particularly constitute regression current state law set law back presently clearly held held civil rights suits litigant need necessarily fully exhaust state remedies hearings debates adopting exhaustion requirement also reflect understanding see cong rec remarks volkmer kastenmeier remarks ertel remarks wiggins settled law exhaustion administrative remedies required precondition maintaining action cong rec remarks butler existing law requirement complainant first ask state prison system help understanding exhaustion generally required congress decided adopt limited exhaustion requirement order relieve burden federal courts diverting certain prisoner petitions back state local institutions also encourage develop appropriate grievance procedures see conf cong rec remarks kastenmeier remarks railsback remarks kastenmeier remarks ertel remarks kastenmeier remarks butler remarks ertel implicit decision congress conclusion rule left standing respect suits judicially imposed exhaustion requirement also inconsistent extraordinarily detailed exhaustion scheme embodied section carves narrow exception general rule govern certain prisoner claims establishes procedure ensure administrative remedies adequate effective exhaustion requirement expressly limited actions brought adult convicted crime supp iv section instructs attorney general promulgate minimum standards development implementation plain speedy effective system administrative remedies specifies certain minimum standards must included may require exhaustion administrative remedies attorney general certified determined administrative remedies substantial compliance minimum acceptable standards promulgated subsection exhaustion may required must conclude appropriate interests justice finally actions meeting statutory requirements exhaustion district may dismiss case may continue case period exceed ninety days order require exhaustion ibid detailed scheme inconsistent discretion impose ad hoc basis judicially developed exhaustion rule cases congress hoped improve prison conditions stimulating development successful grievance mechanisms see conf hearings remarks railsback cong rec remarks railsback cong rec remarks drinan cong rec remarks kastenmeier purpose congress provided deferral exercise federal jurisdiction certain claims condition state prisons develop adequate procedures purpose frustrated judicial discretion impose exhaustion generally incentive adopt grievance procedures capable certification prisoner cases diverted state administrative remedies event sum exhaustion provisions act make sense superfluous exhaustion required enactment congress intended carve narrow exception rule legislative history demonstrates congress taken approach carving specific exceptions general rule federal courts require exhaustion province alter balance struck congress establishing procedural framework bringing actions respondent appeals argue exhaustion administrative remedies required various policies argue exhaustion requirement lessen perceived burden actions impose federal courts goal comity improve relations postponing review state administrative agency passed issue enable agency presumably expertise area issue enlighten federal ultimate decision noted earlier policy considerations alone justify judicially imposed exhaustion unless exhaustion consistent congressional intent see supra furthermore debates incorporating exhaustion requirement demonstrate relevant policy considerations invariably point one direction vehement disagreement validity assumptions underlying many difficulty policy considerations congress superior institutional competence pursue debate suggest legislative judicial solutions preferable cf diamond chakrabarty steelworkers bouligny beyond policy issues must resolved deciding whether require exhaustion equally difficult questions concerning design scope exhaustion requirement questions include define categories claims exhaustion might desirable unify centralize standards judging kinds administrative procedures exhausted tolling requirements time limitations adopted res judicata collateral estoppel effect particular administrative determinations consequences attach failure comply procedural requirements administrative proceedings whether federal courts grant necessary interim injunctive relief hold action pending exhaustion proceed judgment without requiring exhaustion even though exhaustion might otherwise required relevant administrative agency either powerless inclined grant interim relief similar questions might answered swiftly surely legislation create costly litigation answered incrementally judiciary context diverse constitutional claims relating thousands different state agencies variety claims claimants state agencies involved cases argues congressional consideration myriad policy considerations may explain congress deciding whether require exhaustion certain actions brought adult prisoners carved narrow detailed exception rule full debate consideration various policy arguments congress adopted taking largest class actions constructing exhaustion requirement differs substantially standard urged respondent adopted appeals see supra us say whether congress create similar scheme categories claims whether congress adopt altogether different exhaustion requirement nonprisoner claims iv based legislative histories conclude exhaustion state administrative remedies required prerequisite bringing action pursuant decline overturn prior decisions holding exhaustion required decision appeals reversed case remanded proceedings consistent opinion ordered footnotes petitioner requested district equire defendants remedy discrimination practiced upon plaintiff promoting next available position consistent previously applied qualified alternative require defendants pay plaintiff sum actual exemplary damages record petitioner also requested district order equitable injunctive relief deems appropriate necessary correct conditions discrimination complained herein factors discussed monell whether decisions question constituted departure prior decisions whether overruling decisions frustrate legitimate reliance holdings support overruling decisions mcneese departure prior decisions previously addressed application exhaustion rule actions overruling decisions might injure plaintiffs forgone waived state administrative remedies reliance decisions congressional intent important determining application exhaustion doctrine cases federal administrative remedies available well state remedies available course exhaustion required congress provides certain administrative remedies shall exclusive see myers bethlehem shipbuilding even statutory requirement exhaustion explicit courts guided congressional intent determining whether application doctrine consistent statutory scheme determining whether exhaustion federal administrative remedies required courts generally focus role congress assigned relevant federal agency tailor exhaustion rule fit particular administrative scheme created congress see mckart state administrative remedies focus much role assigned state agency role state agency becomes important finds deferring exercise jurisdiction consistent statutory intent debates relating created certain federal crimes addition defined civil rights act stat aimed primarily ku klux klan also relevant discussion opponents bill also recognized purpose complained bill usurp power centralize government perhaps ultimately destroy see globe remarks whitthorne remarks beck remarks swann remarks arthur remarks lewis remarks mchenry remarks cox remarks eldridge cong globe app remarks kerr hereinafter globe app remarks thurman remarks bayard opponents criticized provision ground example representative storm lamented section one even give state courts chance try questions show whether try questions might come first section fourteenth amendment fairly takes whole question away beginning view expressed presidential message urging passing corrective legislation see globe power correct evils beyond control state authorities doubt message president grant inability state authorities protect constitutional rights also expressed findings house judiciary committee directed investigate situation see resolution introduced senator sherman instructing senate judiciary committee report bill expressed similar view see globe app state courts rendered utterly powerless organized perjury punish crime opponents viewed bill declaration mistrust state tribunals see globe remarks swann remarks rice remarks cox globe app remarks thurman representative mchenry found particularly offensive removal factfinding function local institutions see globe representative kastenmeier explains juveniles included think candidly admit first reluctance resort mechanism embodied resisted possible encroachment civil liberties say free unimpeded resort deflect petitions back temporarily event back state system therefore extent even viewed notwithstanding limited form also extend juveniles rejected hearings section minimum standards shall provide advisory role employees inmates jail prison correctional institution decentralized level reasonably possible formulation implementation operation system specific maximum time limits written replies grievances reasons thereto decision level within system priority processing grievances emergency nature including matters delay subject grievant substantial risk personal injury damages safeguards avoid reprisals grievant participant resolution grievance independent review disposition grievances including alleged reprisals person entity direct supervision direct control institution committee reports state congress intend every action brought adult prisoner institutions appropriate grievance procedures delayed pending exhaustion intent congress find requirement appropriate situations action brought pursuant raises issues reasonable probability resolved grievance resolution system including cases imminent danger life alleged allegations unrelated conditions confinement center events outside institution appropriately continued resolution grievance resolution system conf course burden alone sufficient justify judicial decision alter congressionally imposed jurisdiction see thermtron products hermansdorfer steelworkers bouligny event means clear judicial discretion impose exhaustion requirement actions lessen caseload federal courts least short run see infra application federalism principles actions brought pursuant prompted criticism several commentators see koury section civil comity two federalism seesaw loyola rev note rev example serious disagreement whether judicial administrative procedures offer plaintiffs swiftest least costly reliable remedy see hearings note colum rev similarly debate whether specialization federal courts constitutional law important specialization administrative agencies areas expertise whether symbolic institutional function federal courts defining legitimizing enforcing constitutional claims outweighs educational function state local agencies serve see whitman constitutional torts rev note colum supra finally uncertain whether present free market system litigants free pursue administrative remedies truly appear cheaper efficient effective likely induce creation adequate remedies standard plaintiffs initial choice see note ind rev cf hearings hearings subcommittee constitution senate committee judiciary section resolved problem directing attorney general promulgate minimum standards establish procedure prison administrative remedies reviewed certified procedure certified directed compare procedure attorney general standards continue case pending exhaustion procedure substantial compliance standards attorney general unless doctrine statutes limitations tolled pending exhaustion overruled see board regents tomanio judicially imposed exhaustion requirement might result effective repeal congress avoided problem directing merely continue case period exceed days initial bill proposing include exhaustion requirement provided relief shall granted district action brought pursuant individual involuntarily confined state institution unless appears individual exhausted plain speedy efficient state administrative remedy available question posed bench oral argument whether eleventh amendment might bar suit ground board regents arm state purposes eleventh amendment tr oral arg cf alabama pugh compare hopkins clemson agricultural college florida dept health florida nursing home district dismissed action pleadings eleventh amendment issue raised board regents first raised issue brief original panel appeal argue brief rehearing en banc neither original panel en banc addressed issue although state mentioned possible eleventh amendment defense response opposition petition certiorari brief issue press oral argument indeed counsel respondent urged affirm appeals solely exhaustion holding tr oral arg noted eleventh amendment defense sufficiently partakes nature jurisdictional bar may raised state first time appeal edelman jordan however importance state law analyzing eleventh amendment questions state may certain circumstances waive defense never held jurisdictional sense must raised decided motion cf mt healthy city bd ed doyle board regents expressly requested address exhaustion question pass potential eleventh amendment immunity consequence parties briefed issue deem appropriate address issue raised decided vigorously pressed nothing opinion precludes board regents raising eleventh amendment claim remand district best position address first instance competing questions fact state law necessary resolve eleventh amendment issue stage discretion permit amendments pleadings might cure potential eleventh amendment problems justice justice rehnquist joins concurring discussed justice powell dissenting opinion well opinion considerations sound policy suggest plaintiff required exhaust adequate state administrative remedies filing complaint least prior state administrative proceedings resolve many claims thereby decreasing number actions filed federal courts straining excessive caseloads however reasons set forth opinion already ruled absence additional congressional legislation exhaustion administrative remedies required actions perhaps congress enactment civil rights institutionalized persons act et seq supp iv creates limited exhaustion requirement prisoners bringing suits prompt reconsider possibility requiring exhaustion remainder cases reluctantly concur justice white concurring part fully agree frequent unequivocal statements exhaustion explained distinguished away fifth circuit attempted nearly years least occasions clearly held exhaustion administrative remedies required suit ante whether initially wise choice decisions stare decisis statutory case particularly strong showing required misread relevant statute history difficulty concluding issue exhaustion unlike question municipal immunity faced monell new york city dept social services previously misapprehended meaning debates rejecting exhaustion rule mcneese board education adhering position ever since precedents legislative history sufficient support reversal accordingly join judgment part opinion part unnecessarily unwisely ventures find support none may wisdom general rule suits issue congress considered passed civil rights institutionalized persons act et seq supp iv justice powell persuasively points dissenting opinion reflected title act congressional attention narrowly focused procedures concerning legal rights prisoners institutionalized persons unsurprisingly legislation emerged addressed specific problem investigation indicates neither approval rule intent preclude us reconsidering issue acknowledges ante policy arguments cut directions concludes difficulty policy considerations congress superior institutional competence suggest legislative judicial decisions preferable sure exhaustion statutory issue dispositive word matter belongs congress follow however issue foreclosed earlier decisions institutionally incompetent formulate exhaustion rule lack exhaustion requirement actions exception general rule judicially formulated exhaustion administrative remedies required civil action myers bethlehem shipbuilding mckart unlike statutory questions exhaustion rule judicial administration myers bethlehem shipping supra unless congress directs otherwise rightfully subject crafting judges resolution case governed stare decisis reinforced legislative history taken undercutting general exhaustion principle long standing result today also fully consistent decisions defendant civil administrative enforcement proceeding may enjoin sidetrack proceeding resorting action federal huffman pursue juidice vail trainor hernandez moore sims federal action stayed pending determination issues central constitutional dispute railroad pullman understanding join part opinion view case present serious eleventh amendment issue florida statute authorizing suits board regents stat clear face see reason read broad waiver sue sued courts law equity meaning federal courts aware anything florida law suggests limited meaning intended indicated unequivocal terms statute certainly none cases gone far hold federal courts must expressly mentioned effective eleventh amendment waiver statutes issue cases recited justice powell post presented equivocal embodiments state intent example florida dept health florida nursing home per curiam authorization sue sued limited contract actions unlike instant provision extend courts law equity true interstate compact involved petty bridge decision kennecott copper tax involved statute providing suit competent jurisdiction turned incongruity federal courts interpreting state tax laws fact utah employs explicit language indicate litigation consent suits federal courts thus object leaving eleventh amendment issue consideration lower courts least logical priority resolving eleventh amendment immunity exhaustion find issue sufficiently clear answered statute means says justice powell chief justice joins part ii dissenting holds limitations federal judicial power embodied eleventh amendment doctrine sovereign immunity jurisdictional consider holding serious departure established constitutional doctrine dissent also rejection rule flexible exhaustion state administrative remedies developed stated persuasively appeals fifth circuit sitting en banc disagreeing judges appeals adopted flexible exhaustion principle places mistaken reliance civil rights institutionalized persons act et seq supp iv disagree portions holding therefore dissent eleventh amendment reverse discrimination action petitioner employee florida international university brought suit board regents state florida name individual regents defendants sued damages injunctive equitable relief see ante board filed motion dismiss arguing petitioner suit premature light failure exhaust available administrative remedies district agreed granted motion dismiss petitioner appeal board added bar eleventh amendment defense argued instrumentality state board subjected suit federal absent waiver immunity asserted waiver although board regents created body corporate power sue sued plead impleaded courts law equity stat well established language operate waive defense eleventh amendment reply petitioner argued whether statute creating board amounted waiver petitioner believed eleventh amendment simply irrelevant equitable claims lodged state see reply brief petitioner neither appeals panel appeals en banc addressed board eleventh amendment defense directed attention solely question exhaustion administrative remedies panel held exhaustion requirement suits remanded district consideration board eleventh amendment argument patsy florida international university appeals sitting en banc reversed holding plaintiffs must exhaust available reasonable administrative remedies patsy florida international university consider board eleventh amendment defense eleventh amendment question raised first opportunity appeals decision board response petition writ certiorari board argued appeal arm state waived immunity suit federal petitioner answered eleventh amendment defense bar claim damages even claim petitioner argued amendment bar damages board meet claim funds gifts bequests rather state treasury arguments repeated oral argument views jurisdictional question presented eleventh amendment little importance entire discussion question relegated conclusory note end opinion see ante concedes amendment bar sovereign immunity jurisdictional sense state may raise claim point proceedings statement made amendment jurisdictional sense must raised decided motion ibid cites authority support statement surprising existed reason eleventh amendment question may raised point proceedings precisely places limits basic authority federal courts entertain suits state history text eleventh amendment principle sovereign immunity exemplified precedents make clear today decision misconceives jurisdiction purpose amendment basic principle constitutional system federal courts courts limited jurisdiction authority extends matters within judicial power defined constitution language clearer eleventh amendment removes judicial power set forth art iii suits commenced prosecuted one amendment constitution plain language judicial power shall construed extend suits state source today derive jurisdiction treatment threshold issue offers answer questions jurisdiction legitimate exercise power fundamental federal constitutional system eleventh amendment adopted response assumption original jurisdiction suit brought state georgia chisholm georgia dall relying upon express language art iii extending judicial power controversies state citizens another state found jurisdiction decision said created shock throughout country see hans louisiana amendment adopted shortly thereafter understood overruled amendment constitutionally adopted exercised jurisdiction case past future state sued citizens another state citizens subjects foreign state ibid light history wording amendment viewed amendment placing explicit limits judicial power defined art iii see nevada hall beyond express provisions amendment recognized amendment stands principle sovereign immunity grant authority art iii must measured thus hans louisiana supra held federal judicial power extend suit nonconsenting state one citizens although eleventh amendment terms apply suits found language amendment illustration larger principle federal jurisdiction suits state absent consent contemplated constitution establishing judicial power see smith reeves similarly ex parte new york found despite eleventh amendment specific reference suits law equity principle sovereign immunity exemplified amendment permit extension federal admiralty jurisdiction nonconsenting state applied approach monaco mississippi refused take jurisdiction suit state foreign state face art iii provided jurisdiction suits state foreign eleventh amendment specifically exempt suit foreign state nevertheless concluded judicial power granted art iii extend far think madison correctly interpreted clause one article iii constitution making provision jurisdiction suit state foreign state event state consent otherwise case resident state florida sued board exercising major function state sovereign authority prior decisions held whether case viewed eleventh amendment explicit limitation federal jurisdiction art iii analysis must absent consent judicial power defined art iii eleventh amendment simply extend suits one citizen state state may sued without consent fundamental rule jurisprudence important bearing upon construction constitution become established repeated decisions entire judicial power granted constitution embrace authority entertain suit brought private parties state without consent given one brought citizens another state citizens subjects foreign state eleventh amendment even one brought citizens fundamental rule amendment exemplification ex parte new york supra emphasis added objection petitioner suit violation eleventh amendment first made argued time however eleventh amendment declares policy sets forth explicit limitation federal judicial power compelling force consider issue arising amendment even though urged first time ford motor department treasury indiana believe eleventh amendment question must addressed answer hardly clearer action petitioner seeks relief board regents state florida major instrumentality agency state petitioner argument statute incorporating board understood waive eleventh amendment foreclosed numerous decisions unsupported state law see florida dept health florida nursing home supra similarly petitioner suggestion eleventh amendment bar equitable claims board must rejected amendment applies suits law equity suits unconsenting state whether damages injunctive relief barred see cory white ante finally rule ex parte young permitting federal order state officials obey federal law future simply irrelevant case petitioner sue members board regents sued board arm state florida view eleventh amendment principle sovereign immunity exemplified amendment embodied art iii clearly bar suit case refusal address question jurisdiction violates precedents well basic premise federal courts courts limited jurisdiction even parties neglected address eleventh amendment question responsibility consider motion fact question fully briefed appeals raised see supra cf sosna iowa dismiss suit vacate decision appeals lack jurisdiction ii exhaustion remedies agree appeals opinion requirement plaintiff exhaust adequate state administrative remedies accepted rule law quite recently see eisen eastman supra rule rests sound considerations defeat jurisdiction merely defers permits correct violations procedures encourages establishment procedures consistent principles comity apply whenever federal courts asked review state action supersede state proceedings see younger harris moreover highly relevant effective functioning overburdened federal system rule conserves supplements scarce judicial resources year monroe pape decided civil rights actions begun federal district courts annual report director administrative office courts suits commenced annual report director administrative office courts result unprecedented increase civil rights litigation heavy burden federal courts detriment litigants including others assert constitutional rights infringed argues past decisions categorically hold exhaustion requirement suits appeals demonstrates recognizes many decisions explained applications traditional exceptions exhaustion requirement see mcneese board education decisions speak question offhand conclusory fashion without full briefing argument see wilwording swenson unargued per curiam damico california unargued per curiam moreover categorical rule seem inconsistent decision younger harris supra prescribing abstention state criminal proceedings pending least administrative proceedings pending younger seem suggest appropriateness exhaustion cf gibson berryhill supra yet today adopts flat rule without exception seeks support rule indications congressional intent finding nothing directly point history civil rights act places primary reliance recent civil rights institutionalized persons act et seq supp iv legislation designed authorize attorney general initiate civil rights actions behalf institutionalized persons act also placed certain limits existing authority attorney general intervene suits begun institutionalized persons see addition act sets forth exhaustion requirement claims brought prisoners basis exhaustion provision remarks primarily representative kastenmeier contends congress endorsed general rule irony reasoning obvious principal concern prompted department justice support congress adopt vast increase suits brought state prisoners federal courts increase suits since increase fiscal fiscal resulting total suits filed compared total constituted total federal district civil docket although cases present frivolous claims many litigated courts appeals burden system fairly described enormous benefits available meritorious cases exhaustion appropriate state administrative remedies required prior litigation primarily problem prompted enactment moreover clear legislative history congress simply addressing exhaustion problem general fashion concern focused problem prisoner petitions new act dual purpose respect addition requiring prior exhaustion adequate state remedies congress wished authorize attorney general act necessary protect constitutional rights prisoners time minimize need federal action kind requiring prior exhaustion sponsors act senate made clear senator hatch explained follows actions relating alleged violations constitutional rights prisoners persons may required exhaust internal grievance procedures attorney general become involved pursuant act cong rec emphasis added event prison inmate rights alleged violated justice department intervene initiate suits prison inmate class inmates pursue administrative remedies within state law justice department intervene provisions act shall stay dismiss civil action brought act ground party bringing action failed exhaust remedies available courts administrative agencies state requirement plaintiffs exhaust available adequate administrative remedies subject exceptions firmly established virtually every area law dictated actions common sense well comity federalism adequate state administrative remedies available exhaustion question properly us affirm appeals eleventh amendment provides judicial power shall construed extend suit law equity commenced prosecuted one citizens another state citizens subjects foreign state notes see ante petitioner originally named florida international university defendant florida international university lacks capacity sue sued district found proper defendant petitioner permitted amend complaint simply substituted board regents addition racial discrimination petitioner also claimed discriminated basis sex repeatedly held defense eleventh amendment may raised first time appeal see edelman jordan eleventh amendment defense sufficiently partakes nature jurisdictional bar need raised trial board brief appeal divided three parts part iii devoted argument eleventh amendment precludes subject matter jurisdiction plaintiff complaint brief lengthy statutory addendum attached support arguments advanced section brief case scheduled rehearing en banc parties filed short supplemental briefs considered addition main briefs already submitted appeals supplemental briefs add discussion eleventh amendment issue question placed appeals en banc placed panel thorough discussion main briefs explanation addressing eleventh amendment issue considered see ante contrary implication explanation issue shown urged board argued board regents division universities department education established florida education code part state university system stat board consists commissioner education citizens appointed governor board general supervisory authority state university system among duties appointment university presidents review budget requests university state system preparation aggregated budget state university system development master plan establishment systemwide personnel classification pay plan ibid board agency state florida see relyea state app may claim defense sovereign immunity suits state law see ibid numerous courts appeals held state universities state boards regents immune suit federal reason eleventh amendment see rutledge arizona board regents brennan university kansas ronwin shapiro see florida dept health florida nursing home petty bridge conclusion waiver immunity lightly inferred public instrumentality created right sue sued waiver immunity particular setting may restricted suits proceedings special character state federal courts kennecott copper state tax language state statute providing suit competent jurisdiction understood waiver eleventh amendment ford motor department treasury indiana great northern life insurance read clear declaration state intention submit fiscal problems courts creation must found jagnandan giles cf edelman jordan supra deciding whether state waived constitutional protection eleventh amendment find waiver stated express language overwhelming implications text leave room reasonable construction difficult reconcile consistent requirement express waiver approach advocated justice white see ante oral argument counsel respondent stated florida legislature waived eleventh amendment waived defense sovereign immunity selected tort cases tr oral arg see bragg board public instruction mere fact board public instruction created body corporate power sue sued affect immunity tort relyea state supra board regents retains defense sovereign immunity stat provision payment state civil rights judgments state officers including judgments supp iv waive sovereign immunity defense immunity lawsuits cf long richardson state university immunity suit state law disposes eleventh amendment question see brief opposition grant writ board respectfully submits review limited jurisdictional issues discussed vacate fifth circuit decision instructions dismiss petitioner suit lack jurisdiction ante attaches importance statement oral argument counsel board board wanted exhaustion issue decided must viewed however light board unsuccessful attempt first decide eleventh amendment issue moreover party request short binding waiver relieve duty resolve jurisdictional question tr oral arg oral argument board counsel stated eleventh amendment question addressed main briefs grant certiorari view board repeated efforts raise eleventh amendment question specific request vacate decision appeals lack jurisdiction see supra hardly correct say must raise question jurisdiction motion cf sosna iowa event obliged inquire sua sponte whenever doubt arises existence federal jurisdiction mt healthy city bd ed doyle cites compare signal mt healthy city bd ed doyle supra mt healthy way suggested eleventh amendment principle sovereign immunity embodied art iii less jurisdictional indeed found necessary resolve eleventh amendment question case prior reaching merits contrary consistently viewed amendment jurisdictional sosna iowa supra raised question eleventh amendment even though state asserted bar amendment answer complaint thereafter abandoned defense unlike board regents case state iowa advanced defense even sosna raised addressed question precedents ignored today unusual nature simply wrong indeed unconstitutional invasion powers reserved federal courts entertain cases within jurisdiction rule well settled party seeking invoke jurisdiction federal must demonstrate case within competence wright miller federal practice procedure eleventh amendment introduced clarify intent framers concerning reach federal judicial power eleventh amendment served effectively reverse particular holding chisholm generally restore original understanding thus despite narrowness language amendment spirit consistently guided interpreting reach federal judicial power generally employees missouri public health marshall concurring result hans quoted length constitutional debates concerning scope art iii number federalist example hamilton sought dispel suggestion art iii extended federal jurisdiction suits brought one inherent nature sovereignty amenable suit individual without consent general sense general practice mankind exemption one attributes sovereignty enjoyed government every state union quoted emphasis original unlike limitations federal jurisdiction limitation imposed eleventh amendment doctrine sovereign immunity may waived consent unequivocally expressed understanding doctrine time constitution adopted see supra interpreted judicial power used eleventh amendment art iii accordingly fact state may consent federal jurisdiction render eleventh amendment doctrine sovereign immunity embodied art iii quasi jurisdictional quite simply consent jurisdiction see sherwood sovereign immune suit save consents sued terms consent sued define jurisdiction entertain suit fidelity guaranty consent alone gives jurisdiction adjudge sovereign absent consent attempted exercise judicial power void see edelman jordan sosna iowa mt healthy city bd ed doyle consistently viewed eleventh amendment question jurisdictional see great northern life insurance read state freedom litigation established constitutional right eleventh amendment emphasis added monaco mississippi question whether jurisdiction entertain suit brought foreign state state without consent emphasis added consented diminution sovereignty ratifying fourteenth amendment exercise powers granted fourteenth amendment congress may lift bar sovereign immunity see fitzpatrick bitzer thus petitioner brought suit title vii civil rights act jurisdictional problem petitioner held congress removed bar sovereign immunity actions see quern jordan novel proposition indeed eleventh amendment bar suit enjoin state simply money judgment sought eleventh amendment terms clearly applies suit seeking injunction remedy available equity cory white ante theory ex parte young eleventh amendment bar suits state officers state officer comes conflict superior authority constitution stripped official representative character rationale decision application suits state agencies although individual official may viewed acting without state authority acting federal law state agency state act official state capacity similarly action damages state arm state seeks damages must paid state coffers whether damages come directly state general fund state fund see kennecott copper state tax segregated funds state tax commission state moneys subject eleventh amendment moreover fact board corporate entity state law permit application rule ex parte young board board official repeatedly held eleventh amendment bar suit state corporate agencies see florida dept health florida nursing home great northern insurance read supra ford motor department treasury indiana kennecott copper state tax supra hopkins clemson agricultural college contrary case suit brought state college state recover damages caused college construction dyke although discussed eleventh amendment detail simply eleventh amendment question case clear hopkins eleventh amendment apply bar review federal question presented suit state state see chandler dix cf university california regents bakke moreover hopkins consider college activities case governmental short eleventh amendment question presented opinion hopkins never cited proposition eleventh amendment bar suit state corporate agency federal see florida dept health florida nursing home supra alabama pugh parden terminal cases articulated rule state administrative remedies sufficiently inadequate exhaustion appropriate event developments law section federalism harv rev cf fair assessment real estate assn mcnary brennan concurring judgment exhaustion requirement cases justified somewhat lesser showing concerned displacement remedy deferral federal consideration pending exhaustion state administrative process approximately civil rights suits filed fiscal year filed state prisoners remainder involved variety civil rights suits annual report director administrative office courts see parratt taylor powell concurring result exhaustion requirement becomes effective attorney general federal district determines available prison grievance procedures comply standards set forth subsection date department justice certified inmate grievance procedures even single state senator hatch offered explanation several occasions course debate see cong rec section establish specific procedures applicable attorney general enter action behalf imprisoned incarcerated person person first fully exhaust internal grievance mechanisms existed institution confined section clarifies administrative grievance procedures established section purposes requiring prisoners exhaust internal grievance mechanisms attorney general litigate behalf