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HUTCHINSON v. COX

No. C-3-90-206.

784 F.Supp. 1339 (1992)

Vivian HUTCHINSON, Individually and on Behalf of All Persons Similarly Situated, Plaintiffs, v. Charles COX, Sheriff of Miami County, Ohio, Individually and on Behalf of All Persons Similarly Situated, and Jan A. Mottinger, Clerk of Courts of Miami County, Ohio, Individually and on Behalf of All Persons Similarly Situated, Defendants.

United States District Court, S.D. Ohio, W.D. at Dayton.

January 21, 1992.

Attorney(s) appearing for the Case

Robert Gregory Park, Cincinnati, Ohio, for plaintiffs.

Thomas G. Petkewitz, Miami County Prosecutor's Office, Troy, Ohio, for defendants.

OPINION AND DECISION

MICHAEL R. MERZ, United States Magistrate Judge.

Plaintiff Vivian Hutchinson brought this action pursuant to 42 U.S.C. § 1983 for a declaration that Ohio's post-judgment statutory procedure for execution on personal property is unconstitutional and for a permanent injunction against enforcement of those statutes. Because the challenged Ohio statutes deprive Plaintiff and those similarly situated of property without due process of...

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