Frank L. Johns v. The Supreme Court of Ohio

ENGEL, Circuit Judge.

The principal issue in this appeal is whether a federal district judge has power, in a suit seeking relief under 42 U.S.C. § 1983, to compel the Supreme Court of Ohio to rehear an appeal which a majority of its justices had decided adversely to the plaintiff. Plaintiff claims, first in the district court and now before us, that the decision reached by the Ohio courts was not in accord with either federal constitutional law or the law of Ohio, and, further, that its errors “demonstrate [an] absence of impartiality, lack of due process, and a denial of equal protection”…