Legal Opinion

William G. Banchy, Douglas B. Robinson, Donna Carnevale, and Marilyn Schutte v. The Republican Party of Hamilton County and John H. Hermanies

Court of Appeals for the Sixth Circuit

Decided March 26, 1990No. 89-3288PublishedCited by 15 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

This case requires us to decide whether the election of political party officers is arguably state action under 42 U.S.C. § 1983 for the purpose of an award of attorneys’ fees. The plaintiffs, four newly elected Republican precinct executives, filed suit alleging that the Republican Party of Hamilton County, Ohio, and various officials of the party had denied them the right to participate in the election of their respective ward chairmen and thereby violated section 1983. 1 After the filing of the suit, the defendants agreed to hold new elections for ward chairmen. The…

2Cases cited13 opinions

  1. Hagans v. LavineSupreme Court of the United States · 1974
  2. Smith v. AllwrightSupreme Court of the United States · 1944
  3. Eu v. San Francisco County Democratic Central CommitteeSupreme Court of the United States · 1989
  4. Terry v. AdamsSupreme Court of the United States · 1953
  5. Stephen Graham and Brett Lohrke v. National Collegiate Athletic Association, University of Louisville, Robert Weber, and Bill OlsonCourt of Appeals for the Sixth Circuit · 1986

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3Cited by15 opinions

  1. Republican Party of Texas v. DietzTexas Supreme Court · 1997
  2. Johnson v. KnowlesCourt of Appeals for the Ninth Circuit · 1997
  3. Acosta v. Democratic City Comm.District Court, E.D. Pennsylvania · 2018
  4. Libertarian Party of Ohio v. Jon HustedCourt of Appeals for the Sixth Circuit · 2016
  5. Martin Lindstedt v. Missouri Libertarian Party Rebecca M. Cook James Givens State of MissouriCourt of Appeals for the Eighth Circuit · 1999

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