SCHEUER v. RHODES

No. 72-914.

416 U.S. 232 (1974)

SCHEUER, ADMINISTRATRIX v. RHODES, GOVERNOR OF OHIO, ET AL.

Supreme Court of United States.

Decided April 17, 1974.


Attorney(s) appearing for the Case

Michael E. Geltner argued the cause for petitioner in No. 72-914. With him on the briefs were Leonard J. Schwartz, Melvin L. Wulf, Joel M. Gora, Nelson G. Karl, Niki Z. Schwartz, and Walter S. Haffner. Steven A. Sindell argued the cause for petitioners in No. 72-1318. With him on the brief were Joseph M. Sindell and Joseph Kelner.

Charles E. Brown argued the cause for respondents in No. 72-914. With him on the brief were Robert F. Howarth, Jr., Delmar Christensen, and C. D. Lambros. R. Brooke Alloway argued the cause for respondents in No. 72-1318. With him on the brief was John M. McElroy.


MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari1 in these cases to resolve whether the District Court correctly dismissed civil damage actions, brought under 42 U. S. C. § 1983, on the ground that these actions were, as a matter of law, against the State of Ohio, and hence barred by the Eleventh Amendment to the Constitution and, alternatively, that the...

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