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BRICKNER v. VOINOVICH

Nos. 91-4196, 92-3098.

977 F.2d 235 (1992)

Paul BRICKNER, Plaintiff-Appellant, v. George V. VOINOVICH, Governor; Chester A. Roush; William L. Phillis; Individually and in Their Official Capacities, and Their Agents, Employees, Attorneys, Successors in Office, Assistants and All Persons Acting in Concert and Cooperation With Them, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 13, 1992.

Rehearing Denied December 3, 1992.

Attorney(s) appearing for the Case

Paul Brickner, pro se.

Harlan D. Karp (argued and briefed), Seiker & Furber, Cleveland, Ohio, for plaintiff-appellant.

Patrick A. Devine (briefed), Christopher M. Culley, Office of the Atty. Gen. of Ohio, Columbus, Ohio, Lauren M. Ross (argued), Columbus, Ohio, for defendants-appellees.

Before: MERRITT, Chief Judge; MILBURN and GUY, Circuit Judges.

MERRITT, Chief Judge.

This section 1983 case arises from the removal of the plaintiff, a full-time federal official, from his elected seat on the Ohio Board of Education. The governor declared his seat vacant and replaced him. The plaintiff's principal challenge to his removal concerns whether the defendants' actions, which were implemented without a formal predeprivation hearing, violate procedural due process. We hold that adequate state mechanisms existed to provide...

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