GIBNEY v. TOLEDO BD. OF EDN.

No. 87-2097.

40 Ohio St. 3d 152 (1988)

GIBNEY ET AL., APPELLEES, v. TOLEDO BOARD OF EDUCATION ET AL.; TOLEDO FEDERATION OF TEACHERS, APPELLANT.

Supreme Court of Ohio.

Decided December 29, 1988.


Attorney(s) appearing for the Case

National Right to Work Legal Defense Foundation Inc., David T. Bryant and R. Timothy Bauer, for appellees.

Schnorf & Schnorf, David M. Schnorf and Jeffrey A. France, for appellant.


LOCHER, J.

The primary issue presented in this action is whether, subsequent to April 1, 1984, appellees were required to exhaust any administrative remedies provided in R.C. 4117.01 et seq. prior to obtaining relief in the court of common pleas under Section 1983, Title 42, U.S. Code. We hold in the negative and, accordingly, affirm the decision of the court of appeals.

In Abood v. Detroit Bd. of Edn. (1977), 431 U.S. 209...

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