State ex rel. Martines v. Cleveland City School District Board of Education

Francis S. Martines, appellant, sought a writ of mandamus against the Cleveland City School District Board of Education and its members, appellees, to compel his reinstatement as an administrator and payment of his lost wages and benefits. The Court of Appeals for Cuyahoga County granted the board’s motion to dismiss his complaint for failure to state a claim upon which relief can be granted pursuant to Civ.R. 12(B)(6).

For a writ of mandamus to issue, Martines must establish (1) a clear legal right to the relief he seeks, (2) the board’s corresponding duty to perform as requested, and (3) the…