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(Download) "Lundblad V. Celeste" by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free

Lundblad V. Celeste

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eBook details

  • Title: Lundblad V. Celeste
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 04, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Plaintiff Steven Lundblad filed two actions pursuant to 42 U.S.C. § 1983 against the Ohio Department of Natural Resources ("ODNR") and various Ohio state officials in their individual capacities. The defendants moved to dismiss Lundblad's actions, now consolidated, pursuant to Fed.R.Civ.P. 12(b)(6). The district court denied the motions of all the defendants except that of Ronald James, holding that Lundblad stated a claim under the due process clause of the fourteenth amendment, the first amendment, and the equal protection clause of the fourteenth amendment of the United States Constitution. In granting James' motion to dismiss, the district court held that Lundblad's action against him was barred by the statute of limitations. Defendants now appeal the district court's order denying their motion to dismiss and Lundblad cross-appeals the district court's dismissal of his action against James. Lundblad also cross-appeals the district court's order imposing sanctions against both plaintiffs and defendants pursuant to Fed.R.Civ.P. 11. We affirm the district court's order denying defendant's motion to dismiss insofar as it held that Lundblad stated a cause of action under the equal protection clause of the fourteenth amendment. We reverse, however, the district court's order insofar as it held that Lundblad stated a claim under the first amendment and the due process clause of the fourteenth amendment. We affirm the district court's dismissal of Lundblad's claim against James. Finally, we decline to address the Rule 11 sanctions issue as it is not properly before the court.


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