The issue in this case is whether the plaintiff's pursuit of administrative remedies operated to toll the running of the statute of limitations in her subsequent 42 U.S.C. Sec. 1983 action. Because we find that it did not, we affirm the district court's dismissal on grounds that the statute of limitations had run. Black v. Broward Employment and Training Administration, 659 F. Supp. 659 (S.D.Fla.1987).

Defendant Broward Employment and Training Administration ("BETA")1 employed Janet Black as a temporary personnel officer from September 1975 until she was fired on May 26, 1977. Black claimed that when BETA fired her, it discriminated against her on the basis of sex and violated her procedural due process rights. She began pursuing her administrative remedies with the Department of Labor under CETA on December 20, 1978.2 That action continued until the Undersecretary of Labor issued a final decision on May 10, 1985. On October 25, 1983, Black filed a pro se Title VII complaint alleging sex discrimination. On October 16, 1986, the district court granted her leave to amend her complaint to add sex discrimination and procedural due process claims under 42 U.S.C. Sec. 1983.

The district court dismissed the Sec. 1983 claims as time-barred on April 28, 1987. 659 F. Supp. 659. Subsequently, Black voluntarily dismissed her Title VII claim in order to gain an immediate appeal of her Sec. 1983 claims.3 Thus, the Title VII claim is not at issue here.4

The parties agree that Black's cause of action accrued on May 26, 1977. They also agree that Florida's four-year statute of limitations for statutory liability actions applies. Fla.Stat. Sec. 95.11(3)(f). See Wilson v. Garcia, 471 U.S. 261, 105 S. Ct. 1938, 85 L. Ed. 2d 254 (1985). The parties disagree as to whether certain events tolled the running of the statute.5

Black argues that the law of the Southern District of Florida and the Fifth Circuit was either unclear or required exhaustion of administrative remedies prior to bringing a Sec. 1983 suit during much of the limitations period in which she might have filed suit. Because she was pursuing her administrative remedies during those times, she argues that the running of the statute should have been tolled accordingly.

Black bases her claim on the lower court decisions leading to the Supreme Court's decision in Patsy v. Board of Regents, 457 U.S. 496, 102 S. Ct. 2557, 73 L. Ed. 2d 172 (1982). The Patsy case, like this one, arose in the Southern District of Florida. In Patsy, the district judge dismissed the plaintiff's case for failure to exhaust state administrative remedies on July 9, 1979. A panel of the Fifth Circuit reversed on February 28, 1980 holding that exhaustion was not a prerequisite to a Sec. 1983 suit. Patsy v. Florida International University, 612 F.2d 946 (5th Cir.1980). The Fifth Circuit granted rehearing en banc on May 5, 1980. Patsy v. Florida International University, 617 F.2d 442 (5th Cir.1980) (en banc). On January 22, 1981, the en banc court required a case-by-case analysis to determine whether exhaustion of administrative remedies was a prerequisite to Sec. 1983 suits. Patsy v. Florida International University, 634 F.2d 900 (5th Cir.1981) (en banc). However, the en banc decision was reversed by the Supreme Court on June 21, 1982. 457 U.S. 496, 102 S. Ct. 2557. The Supreme Court held that a plaintiff need not exhaust state administrative remedies before bringing a Sec. 1983 suit.

Black's argument is inapposite. Patsy dealt with state administrative remedies. Black's administrative remedies were federal. The Supreme Court decision in Patsy is instructive, however. The court first held "whether exhaustion is required [prior to bringing a Sec. 1983 suit] should be answered by reference to congressional intent...." 457 U.S. at 501, 102 S.Ct. at 2560. The court then held that Congress did not intend to require exhaustion of state administrative remedies in the Sec. 1983 context.

The court specifically addressed exhaustion of federal administrative remedies in a footnote:

Congressional intent is important in determining the application of the exhaustion doctrine to cases in which federal administrative remedies are available, as well as to those in which state remedies are available.... In determining whether exhaustion of federal administrative remedies is required, courts generally focus on the role Congress has assigned to the relevant federal agency, and tailor the exhaustion rule to fit the particular administrative scheme created by Congress. See McKart v. United States, 395 U.S. 185, 193-195, 89 S. Ct. 1657, 1662-1663, 23 L. Ed. 2d 194 (1969)....

457 U.S. at 502 n. 4, 102 S. Ct. at 2560 n. 4. Thus, we must look to the statute prescribing the administrative remedy at issue here.6

Fortunately, the congressional intent as to this issue is quite clear. Section 106 of the CETA Amendments of 1978 required prime sponsors, like BETA, to establish local grievance procedures. 92 Stat. 1909, 1926-29. These local procedures were appealable to the Department of Labor. Black followed this procedure.

In addition to setting up the administrative remedy, Sec. 106 also provided:

The existence of remedies under this section shall not preclude any person, who alleges that an action of a prime sponsor or of any other recipient violates any of the provisions of the Act or the regulations promulgated under the Act, from instituting a civil action or pursuing any other remedies authorized under Federal, State, or local law.

CETA Amendments of 1978, Sec. 106(l ). This section clearly states the congressional intention that no exhaustion requirement should apply to this administrative remedy.

The Department of Labor's regulations implementing Sec. 106 make explicit reference to the exhaustion doctrine. The applicable regulation provided:

(c) Non-CETA remedies. Whenever any person, organization or agency believes that a recipient or subrecipient has engaged in conduct that violates the Act and that such conduct also violates the Federal or a State constitution, a Federal statute other than CETA, or a State or local law, that person, organization or agency may, with respect to the non-CETA cause of action, institute a civil action or pursue other remedies authorized under other Federal, State, or local law against the recipient or subrecipient without first exhausting the remedies in this subpart....

20 C.F.R. Sec. 676.81(c). A second regulation also made the point:

(6) In any case where the alleged violation of the Act or regulations is also an alleged violation of another law, regulation or agreement, nothing in this section shall preclude an individual from filing a complaint or grievance under such other law or agreement with respect to the non-CETA cause of action, as well as filing a complaint under CETA.

20 C.F.R. Sec. 676.83(6).7 When the action is based upon the federal Constitution or a federal statute other than CETA, as in this case, it is plain that there is no exhaustion requirement under this administrative scheme.8 Accord Consortium of Community Based Organizations v. Donovan, 530 F. Supp. 520, 539 (E.D.Cal.1982);9 Hark v. Dragon, 477 F. Supp. 308, 312 (D.Vt.), aff'd on other grounds, 611 F.2d 11 (2d Cir.1979).10

Because the congressional intent not to require exhaustion in this case was at all times clear, there was no tolling of the statute of limitations. Therefore, the judgment of the district court dismissing Black's Sec. 1983 claims as time-barred is

AFFIRMED.