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Darby v. Cisneros

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Darby v. Cisneros
Argued March 22, 1993
Decided June 21, 1993
Full case nameR. Gordon Darby, et al. v. Henry Gabriel Cisneros, Secretary of Housing and Urban Development, et al.
Citations509 U.S. 137 (more)
113 S. Ct. 2539; 125 L. Ed. 2d 113
Case history
PriorCertiorari to the United States Court of Appeals for the Fourth Circuit
Holding
Federal courts cannot require exhaustion of administrative remedies unless mandated by statute or agency rules.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinion
MajorityBlackmun, joined by unanimous
Laws applied
Administrative Procedure Act (APA), 5 U.S.C. §§ 701706

Darby v. Cisneros, 509 U.S. 137 (1993), was a case in which the United States Supreme Court held that federal courts cannot require that a plaintiff exhaust his administrative remedies before seeking judicial review when exhaustion of remedies is not required by either administrative rules or statute.

Facts of the case

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R. Gordon Darby, a real estate developer in South Carolina, was banned from participating in Department of Housing and Urban Development programs for 18 months. He and others filed in federal court even though they had not exhausted the internal HUD review process. Henry Cisneros, as HUD Secretary, was the respondent.

See also

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Further reading

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  • Funk, William (2000). "Exhaustion of Administrative Remedies – New Dimensions since Darby". Pace Environmental Law Review. 18 (1): 1. ISSN 0738-6206.
  • Hawkens, E. R. (2000). "The Exhaustion Component of the Mindes Justiciability Test is Not Laid to Rest by Darby v. Cisneros". Military Law Review. 166: 67. ISSN 0026-4040.
  • Zgrodnik, A. H. (1993). "Darby v. Cisneros: A Codification of the Common-Law Doctrine of Exhaustion under Section 10 (c) of the Administrative Procedure Act". Ohio Northern University Law Review. 20: 367. ISSN 0094-534X.
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