Duckworth v. Serrano

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that exhaustion 18 requirement may be excused “in rare cases where exceptional circumstances of peculiar urgency 19 are shown to exist” (quoting Granberry v. Greer, 481 U.S. 129, 134 (1987))
• noting that a state habeas petitioner has not exhausted state remedies if there is an “opportunity to obtain redress in state court”
• determining that an inordinate delay in adjudicating state court claims may be a circumstance which would excuse the exhaustion of state court remedies
• asserting that “[t]he exhaustion requirement ... serves to minimize friction between our federal and state systems of justice by allowing the State an initial opportunity to pass upon and correct alleged violations of prisoners’ federal rights”
• noting that, as a jurisdictional prerequisite to pursuing a claim under section 1983, a plaintiff must establish that a defendant acted under color of state l a w
• noting that the exhaustion requirement “serves to minimize friction between our federal and state systems of justice by allowing the State an initial opportunity to pass upon and correct alleged violations of prisoners’ federal rights”

Source: CourtListener parenthetical corpus (CC0).