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HERBST v. VOINOVICH

No. 1:96-CV-1002.

9 F.Supp.2d 828 (1998)

Paul G. HERBST, Plaintiff, v. George V. VOINOVICH, in his official capacity as the Governor of the State of Ohio, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

June 22, 1998.

Attorney(s) appearing for the Case

Timothy J. Kucharski, Law Offices Of Brent L. English, Cleveland, OH, Mark Gardner, Office Of The Public Defender Lake County, Painesville, OH, for Plaintiff.

Chester T. Lyman, Jr., Office Of The Attorney General, Elizabeth A. Scott, Office Of The Attorney General, Chief Counsel's Staff, Columbus, OH, for George V. Voinovich, Ohio State.

Chester T. Lyman, Jr., Christopher S. Cook, Office Of The Attorney General, for Franklin R. Caltrider, Ohio Bureau of Motor Vehicles, Legal Dept.

MEMORANDUM OPINION

GWIN, District Judge.

On March 16, 1998, the parties filed cross-motions for summary judgment in this constitutional challenge to Ohio's system of monetary charges for reinstating the driver's licenses of those convicted of drunk driving [Docs. 27, 28]. In ruling on these cross-motions for summary judgment, the Court examines whether the Eleventh Amendment to the United States Constitution stops Plaintiff Paul G. Herbst's claims for damages...

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