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LADD v. MARCHBANKS

No. 19-4136.

971 F.3d 574 (2020)

Abigail LADD; Christina Gonzales; Ida Duenke; Gerardo Saldaña; David Saldaña; Marcelino Saldaña; Alicia Roberts; Melinda Addenbrock; Deanna McCrate, Plaintiffs-Appellants, v. Jack MARCHBANKS, Ohio Department of Transportation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 20, 2020.

Attorney(s) appearing for the Case

ARGUED: Zachary J. Murry , BARKAN & ROBON, LTD., Maumee, Ohio, for Appellants. Stephen P. Carney , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Zachary J. Murry , BARKAN & ROBON, LTD., Maumee, Ohio, for Appellants. Benjamin M. Flowers , Samuel C. Peterson , William J. Cole , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Before: NORRIS, NALBANDIAN, and READLER, Circuit Judges.

OPINION

"It is not in the power of individuals to call any state into court." 3 Debates on the Constitution 533 (J. Elliot ed. 1876) (James Madison). This principle of state sovereign immunity was foundational to the formation of our republic. Certain constitutional provisions and acts of Congress have abrogated...

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