971 F.3d 574
6th Cir.2020Background
- Nine Hancock County, Ohio property owners sued Jack Marchbanks, Director of the Ohio Department of Transportation (official capacity), after ODOT construction allegedly caused repeated flooding and property damage.
- Complaint asserted (1) a Fifth Amendment / Ohio Constitution takings claim seeking declaratory relief and compensation, and (2) a § 1983 damages claim for the alleged taking.
- Marchbanks moved to dismiss under Fed. R. Civ. P. 12(b)(1) (Eleventh Amendment sovereign immunity) and 12(b)(6).
- District court dismissed for lack of subject-matter jurisdiction based on state sovereign immunity; plaintiffs appealed.
- Sixth Circuit considered whether DLX, Inc. v. Kentucky (6th Cir.) bars federal takings claims for damages against a state or its officials in their official capacity, and whether Knick, First English, or other authorities require a different result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eleventh Amendment bars takings damages in federal court against a state official sued in official capacity | Takings claims entitle plaintiffs to pursue compensation in federal court despite state immunity | State sovereign immunity bars such suits; state treasury would pay judgment | Held: Eleventh Amendment bars the § 1983 damages claim; DLX remains controlling binding precedent |
| Whether Knick overruled DLX or eliminated sovereign-immunity defense for takings claims | Knick’s language about "the government" and eliminating Williamson County exhaustion implies sovereign immunity no longer bars federal takings claims | Knick addressed exhaustion, not sovereign immunity; defendant immunity unaffected | Held: Knick did not alter sovereign-immunity analysis or overrule DLX |
| Whether Ex parte Young permits declaratory or injunctive relief directing state to pursue eminent domain (or otherwise obtaining compensation) | Plaintiffs seek declaratory relief and an order directing state to initiate eminent domain; Ex parte Young allows suits against officials for prospective relief | The requested relief is effectively an order to extract money from the state treasury or to compel state compensation—retrospective/monetary relief barred by Ex parte Young and Stewart | Held: Ex parte Young does not authorize the requested relief; declaratory/compensation claims barred as they seek state-treasury payments or non‑prospective relief |
| Whether Ohio’s statutory procedures for compensation are inadequate such that sovereign immunity cannot be asserted | Ohio’s procedures are constitutionally inadequate; that inadequacy removes immunity or permits federal relief | Argument was forfeited and, in any event, Coles (6th Cir.) found Ohio’s procedures reasonable, certain, and adequate | Held: Argument forfeited and fails on merits; Ohio’s procedures adequate under Coles |
Key Cases Cited
- DLX, Inc. v. Kentucky, 381 F.3d 511 (6th Cir. 2004) (holding state sovereign immunity bars federal takings-for-damages suits; binding circuit precedent)
- Knick v. Township of Scott, 139 S. Ct. 2162 (2019) (overruled Williamson County exhaustion requirement; did not address state sovereign immunity)
- Ex parte Young, 209 U.S. 123 (1908) (allows prospective injunctive relief against state officials for ongoing federal-law violations)
- First English Evangelical Lutheran Church v. Los Angeles County, 482 U.S. 304 (1987) (discusses availability of remedies for takings and states’ obligations to provide compensation in state courts)
- Williamson County Reg’l Planning Comm’n v. Hamilton Bank, 473 U.S. 172 (1985) (held ripeness/exhaustion rule for takings claims, later overruled by Knick)
- Quern v. Jordan, 440 U.S. 332 (1979) (held § 1983 does not abrogate state sovereign immunity)
- Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) (Congress may abrogate state immunity under §5 of the Fourteenth Amendment)
- Alden v. Maine, 527 U.S. 706 (1999) (reaffirmed states’ sovereign immunity from private suits)
- Pennhurst State School & Hospital v. Halderman, 465 U.S. 89 (1984) (state sovereign immunity principles; limits on federal courts ordering compliance with state law)
- Va. Office for Prot. & Advocacy v. Stewart, 563 U.S. 247 (2011) (Ex parte Young limits; state treasury payments barred as prospective relief)
- Coles v. Granville, 448 F.3d 853 (6th Cir. 2006) (upheld Ohio’s statutory mechanism as reasonable, certain, and adequate to obtain just compensation)