UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
)
American Civil Liberties ) Civil Action Number:
Union of Ohio, Inc., )
4506 Chester Avenue )
Cleveland, Ohio 44103-3621 )
) Judge:
Plaintiff, )
)
-vs- )
) VERIFIED COMPLAINT
Robert Taft, Governor of Ohio ) (PRELIMINARY INJUNCTION
77 South High Street, 30th Floor ) REQUESTED)
Columbus, Ohio 43215-6117, )
)
Defendant. )
Now comes the Plaintiff, the American Civil Liberties Union of Ohio, Inc. (ACLU), on
behalf of its members who are electors and citizens in the Seventeenth Ohio Congressional
District, and for its Complaint does state as follows:
INTRODUCTION
1. This action, brought pursuant to 42 U.S.C. § 1983, seeks temporary and
permanent mandatory injunctive and declaratory relief based upon the violation, by Defendant
Governor Robert Taft, of Article I Section 2 Clause 4 of the United States Constitution, the Ohio
Constitution, and of Ohio Revised Code § 3521.03. Plaintiff, on behalf of its members who are
electors in the Seventeenth Congressional District, seeks an order requiring the Governor of the
State of Ohio to fulfill his mandatory duties under the federal and state constitutions and laws of
Ohio to call a special election to fill the vacancy in the Seventeenth Ohio Congressional District
created by the expulsion of James A. Traficant Jr. from the United States House of
Representative.
1
SNIPPETS:
Now comes the Plaintiff, the American Civil Liberties Union of Ohio, Inc., on
behalf of its members who are electors and citizens in the Seventeenth Ohio Congressional
District, and for its Complaint does state as follows:
permanent mandatory injunctive and declaratory relief based upon the violation,
Governor Robert Taft, of Article I Section 2 Clause 4 of the United States Constitution, the
and of Ohio Revised Code § 3521.03.
electors in the Seventeenth Congressional District, seeks an order requiring the Governor of
Ohio to call a special election to fill the vacancy in the Seventeenth Ohio Congressional
created by the expulsion of James A. Traficant Jr.
order, specifically, the right to legislative representation secured to every citizen by
under the laws of the State of Ohio.
liberties established and protected under the Constitution and the Bill of Rights,
Defendant Robert Taft is, and at all times relevant hereto was Governor of the
mandatory injunctive and declaratory relief, and in his individual capacity with respect to
claim for attorneys' fees pursuant to 42 U.S.C. §1988.
This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1331,
one purpose of this action is to secure declaratory relief, and under 28 U.S.C. § 2202, in
From the commencement of the 99th Congress in January 1985,
the United States House of Representative of the 107th Congress on July 24, 2002,
the District was represented in the House by James A. Traficant,
Governor Taft has stated publicly and on several occasions that he does not intend
writ of election directing that a special election be held to fill such
in violation of the Equal Protection Clause of the Fourteenth
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