Herbst v. Voinovich

MEMORANDUM OPINION

GWIN, District Judge.

On March 16, 1998, the parties filed cross-motions for summary judgment in this constitutional challenge to Ohio’s system of monetary charges for reinstating the driver’s licenses of those convicted of drunk driving [Docs. 27, 28]. In ruling on these cross-motions for summary judgment, the Court examines whether the Eleventh Amendment to the United States Constitution stops Plaintiff Paul G. Herbst’s claims for damages or for injunctive relief. Then the Court decides whether it should abstain on prudential grounds from deciding Plaintiff Herbst’s claims.…