Trial lawyers specializing in personal injury and civil litigation
Civil Service violation allegation must be vetted through administrative agency first
Patrick Devlin sued the Michigan Gaming Control Board, arguing that he should have been promoted to Deputy Director of the Licensing Division. After initially filing a grievance and an administrative complaint, but before the complaint was resolved, Devlin filed a Circuit Court action to enforce his rights. He argued that the administrative complaint would have been "futile" and would have so delayed the process as to allow an improper candidate to become entrenched in the office that Devlin deserved. He did not argue that he was a victim of discrimination or of the denial of any civil right other than the Civil Service regulations. On this basis, the Court of Appeals upheld the Circuit judge's decision that Devlin's case must be dismissed for failure to exhaust the administrative remedies provided.