LUNDBLAD v. CELESTE

Nos. 87-3651, 87-3689.

874 F.2d 1097 (1989)

Steven LUNDBLAD, Plaintiff-Cross-Appellant, Appellee, v. Richard D. CELESTE, Governor of Ohio; Dorothy Shoemaker, Executor of the Estate of Myrl Shoemaker, formerly Director of Ohio Department of Natural Resources; William Napier, Deputy Director of Ohio Department of Natural Resources; Donald Olson, Division Chief of Ohio Department of Natural Resources; Ronald James, Deputy Director of Ohio Department of Natural Resources, Defendants-Appellants, Cross-Appellees, and Ohio Department of Natural Resources, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided May 4, 1989.


Attorney(s) appearing for the Case

Terrence M. Fay (argued), Asst. Atty. Gen., Environmental Enforcement Sec. Columbus, Ohio, for appellants.

Jeffrey Decile (argued), James Ayers' Law Office, Columbus, Ohio, for appellees.

Before MERRITT, KRUPANSKY and RYAN, Circuit Judges.


MERRITT, Circuit Judge.

Plaintiff Steven Lundblad filed two actions pursuant to 42 U.S.C. § 1983 against the Ohio Department of Natural Resources ("ODNR") and various Ohio state officials in their individual capacities. The defendants moved to dismiss Lundblad's actions, now consolidated, pursuant to Fed.R.Civ.P. 12(b)(6). The district court denied the motions of all the defendants except that of Ronald James, holding that Lundblad stated a claim under the due...

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