Opinion

Ezell Armour v. The State of Ohio

  • 925 F.2d 987
  • 1991 U.S. App. LEXIS 2491
  • 1991 WL 16767
Court
Court of Appeals for the Sixth Circuit
Filed
Feb 15, 1991
Status
Published
Author
Kennedy
On the bench
Merritt, Keith, Kennedy, Martin, Jones, Krupansky, Milburn, Guy, Nelson, Ryan, Boggs, Norris, Suhrheinrich, Wellford
Cited by
25 cases
Authority
More cited than 25.7%

stating the jurisdictional test for Section 2284 as whether “there exists a non-frivolous constitutional challenge to the apportionment of a statewide legislative body” (emphasis added)

How later courts described this case

  • stating the jurisdictional test for Section 2284 as whether “there exists a non-frivolous constitutional challenge to the apportionment of a statewide legislative body” (emphasis added)
  • holding that three-judge courts are mandatory for cases encompassed within § 2284(a)
  • describing the test for section 2284(a) as whether “there exists a non-frivolous constitutional challenge to the apportionment of a statewide legislative body”
  • “[T]he sufficiency of the complaint for three-judge jurisdictional purposes must be determined by the claims stated in the complaint and not by the way the facts turn out.”

Written by the judges who cited it.

The opinion

KENNEDY, Circuit Judge,

concurring in part and dissenting in part.

I agree with Judge Merritt that the constitutional claim must be heard by a three judge court. However, I would address the merits of the Section 2 Voting Rights Act claim, 42 U.S.C. § 1973 . When a plaintiff asserts both a constitutional claim and a statutory claim that is within the jurisdiction of a single district judge, that judge may resolve the statutory claim. Hagans v. Lavine, 415 U.S. 528, 543-44 , 94 S.Ct. 1372, 1382-83 , 39 L.Ed.2d 577 (1974). The district judge has passed on the statutory claim which she had jurisdiction to consider. I express no opinion at this time as to the correctness of that decision.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.