Exhaustion of Administrative Remedies
Generally, the plaintiff suing a government officer may not
obtain judicial relief if he has not first exhausted his/her
administrative remedies. See Allen v. Grand Central Aircraft Co.,
U.S. 535, 553 (1954); Aircraft & Diesel Corp. v. Hirsch, 331 U.S.
(1947). Exhaustion is also required in Federal Tort Claims Acts
28 U.S.C. § 2675(a), Privacy Act suits, 5 U.S.C. § 552a, in
suits challenging adverse personnel actions, and in many other
Darby v. Cisneros, 509 U.S. 137 (1993), holds that, under the
Administrative Procedure Act, 5 U.S.C. 704, a person aggrieved by
agency action can seek judicial review of the action without
an available administrative appeal, unless the agency's regulations
provide both (1) that the administrative appeal must be taken, and
that during the pendency of the administrative appeal the agency
shall be inoperative.
[cited in USAM 4-2.120]