# Ezell Armour v. The State of Ohio

> Court of Appeals for the Sixth Circuit · February 15, 1991 · 925 F.2d 987

URL: https://www.frixlaw.com/law-library/cases/9481318

## Case

- **Full name:** Ezell ARMOUR, Et Al., Plaintiffs-Appellants, v. the STATE OF OHIO, Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** February 15, 1991
- **Citations:** 925 F.2d 987; 1991 U.S. App. LEXIS 2491; 1991 WL 16767
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kennedy
- **Judges:** Merritt, Keith, Kennedy, Martin, Jones, Krupansky, Milburn, Guy, Nelson, Ryan, Boggs, Norris, Suhrheinrich, Wellford
- **Cited by:** 25 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/9481318

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9481318. Public record. Not legal advice.