ABIGAIL LADD; CHRISTINA GONZALES; IDA DUENKE; GERARDO SALDAÑA; DAVID SALDAÑA; MARCELINO SALDAÑA; ALICIA ROBERTS; MELINDA ADDENBROCK; DEANNA MCCRATE v. JACK MARCHBANKS, OHIO DEPARTMENT OF TRANSPORTATION - Articles

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ABIGAIL LADD; CHRISTINA GONZALES; IDA DUENKE; GERARDO SALDAÑA; DAVID SALDAÑA; MARCELINO SALDAÑA; ALICIA ROBERTS; MELINDA ADDENBROCK; DEANNA MCCRATE v. JACK MARCHBANKS, OHIO DEPARTMENT OF TRANSPORTATION

Posted by: Karen Belcher on Aug 20, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Zachary J. Murry, BARKAN & ROBON, LTD., Maumee, Ohio, for Appellants.

Attorneys 2: ARGUED: Stephen P. Carney, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Attorneys 3: ON BRIEF: Zachary J. Murry, BARKAN & ROBON, LTD., Maumee, Ohio, for Appellants.

Attorneys 4: ON BRIEF: Benjamin M. Flowers, Samuel C. Peterson, William J. Cole, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Judge(s): NORRIS, NALBANDIAN, and READLER, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Toledo

NALBANDIAN, Circuit Judge. “It is not in the power of individuals to call any state into court.” 3 Debates on the Constitution 533 (J. Elliot ed. 1876) (James Madison). This principle of state sovereign immunity was foundational to the formation of our republic. Certain constitutional provisions and acts of Congress have abrogated the States’ sovereign immunity— and of course the States may waive their immunity at their pleasure. But by and large the States remain protected from private civil suits. We held as much for takings claims brought against states in federal court. DLX, Inc. v. Kentucky, 381 F.3d 511, 526 (6th Cir. 2004). So when the plaintiffs here brought a takings claim against an Ohio official and Ohio asserted its sovereign immunity as an affirmative defense, the district court dismissed the suit for lack of subject matter jurisdiction. Because DLX remains the law of this circuit, we AFFIRM.

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