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eBook details

• Title: Mixon V. State Of Ohio
• Author : Sixth Circuit U.S. Court of Appeals
• Release Date : January 30, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

Plaintiffs in these two consolidated cases are voters and taxpayers of the Cleveland School District who seek to have Ohio Substitute House Bill 269 ("H.B. 269") declared unconstitutional.*fn1 H.B. 269 changed the composition and number of the Cleveland School Board by allowing the Mayor of Cleveland to appoint a new school board for the Cleveland School District, consisting of Cleveland and four adjacent areas. Prior to this legislation, school district residents voted in a public election for school board members. Plaintiffs brought claims under (i) the Equal Protection Clause of the United States Constitution; (ii) 42 U.S.C. § 1983, alleging violations of the Equal Protection Clause of the United States Constitution, (iii) the Voting Rights Act, 42 U.S.C. § 1971, (iv) the Ohio Constitution and (v) Ohio common law. All parties filed motions for judgment on the pleadings. On March 6, 1998, the district court granted defendants' motions for judgment on the pleadings as to all causes of action and Plaintiffs timely filed their appeal to this court. On September 8, 1998, this court denied Plaintiffs' request for an emergency order enjoining the operation of H.B. 269. After careful consideration of the merits of this case, we agree with the district court's well-reasoned determinations. We hold, however, that the Eleventh Amendment bars the state law and federal Equal Protection claims against the State of Ohio and we DISMISS those claims. We AFFIRM the district court in all other respects.

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