Coe v. Ziegler

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DAVID S. PORTER, Senior District Judge:

This case, before the Court pursuant to 42 U.S.C. § 1983, is a constitutional challenge to the Ohio Child Removal Statute, Ohio Rev.Code § 2151.33 and rules thereunder. Jurisdiction is premised on 28 U.S.C. §§ 1331 and 1343(3) and (4). The issues were bifurcated for trial pursuant to Federal Rules of Civil Procedure 42(b), with the claim for injunctive relief tried first, and the claim for damages to be tried at a later date.

Prior to trial we denied plaintiffs’ motion for summary judgment (Doc. 57). In a separate…