Carter v. Stanton

Appellants' challenge to the Indiana welfare regulation that provides that a person who seeks assistance due to separation or the desertion of a spouse is not entitled to aid until the spouse has been continuously absent for at least six months, unless there are exceptional circumstances of need, was dismissed for failure to exhaust administrative remedies, and alternatively on the grounds of lack of jurisdiction and failure of the pleadings to present a substantial federal question.

Held: The District Court plainly had jurisdiction, and exhaustion is not required in the circumstances of this case. Damico v. California, 389 U.S. 416. If that court's characterization of the federal question as insubstantial was based on the face of the complaint, it was error; if the court treated the motion to dismiss as one for summary judgment, its order is unilluminating as to the relevant facts or the applicable law, and was improperly entered.

Vacated and remanded.

Jon D. Noland argued the cause for appellants. With him on the briefs were John T. Manning and David F. Shadel.

Robert W. Geddes argued the cause for appellee Stanton. With him on the brief were Harold W. Jones and ''Carl J. Meyer. Mark Peden'', Deputy Attorney General of Indiana, argued the cause for appellee Sterrett. With him on the brief were Theodore L. Sendak, Attorney General, William F. Thompson, Assistant Attorney General, and William F. Harvey.

Solicitor General Griswold and Richard B. Stone filed a brief for the United States as amicus curiae.

PER CURIAM.