# Akron Board of Education and Conrad C. Ott v. State Board of Education of Ohio

> Court of Appeals for the Sixth Circuit · January 15, 1974 · 490 F.2d 1285

URL: https://www.frixlaw.com/law-library/cases/9460235

## Case

- **Full name:** AKRON BOARD OF EDUCATION and Conrad C. Ott, Plaintiffs-Appellants, v. STATE BOARD OF EDUCATION OF OHIO Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** January 15, 1974
- **Citations:** 490 F.2d 1285; 1974 U.S. App. LEXIS 10562
- **Precedential status:** Published
- **Opinion:** Concurring in part by Pratt
- **Judges:** Weick, Edwards, Pratt
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460235

## How later opinions describe it (automated extraction)

- holding 20 that “in terms of loss of . . . tax dollars and in terms of identity of interest with the asserted rights of the pupils and their parents” school board had standing

## Opinion text

PRATT, District Judge
(concurring in part and dissenting in part).
Agreeing as I do with Judge Edwards that the plaintiffs herein have standing to sue, I concur in the remand of this ease to the District Court so that the plaintiffs herein may have an opportunity to amend. (See 3 Moore’s Federal Practice § 15.09).
I also agree with Judge Weick that the Akron Board of Education is not a “person” within the meaning of 42 U.S.C. § 1983 and 28 U.S.C. § 1343 (1970). However, a remand would permit plaintiffs, if they choose, to add parties plaintiff to overcome this obstacle.
Further, plaintiffs should be permitted to amend to allege jurisdiction under 28 U.S.C. § 1331 . It appears from the last paragraph of plaintiffs’ Brief that plaintiffs considered they were precluded from asserting that jurisdictional basis in view of the finding of the District *1293 Court that plaintiffs lacked standing. 1 The standing issue being otherwise decided here, plaintiffs can now pursue that avenue.
. “Finally, even if 28 U.S.C. Section 1343 were to be read so narrowly as to prevent the plaintiffs from bringing their action without the requirement of a jurisdictional amount, the provision of 28 U.S.C. Section 1331 would permit them to maintain the aetion. Although this additional jurisdictional basis could have been asserted as was the case in Brewer v. Hoxie School District No. 46, 238 F.2d 91 (8th Cir. 1956), the court below should have permitted an amendment for the purpose of establishing jurisdiction thereunder if necessary. Bell v. Hood, 327 U.S. 678 , 66 S.Ct. 773 , 90 L.Ed. 939 (1946) ; Sikora v. Brenner, [ 126 U.S.App.D.C. 357 , 379 F.2d 134 ] supra. That it did not do so is clearly attributable to its belief that in any event the plaintiffs lacked standing.” (App. brief pp. 19-20).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460235. Public record. Not legal advice.