Gibney v. Toledo Board of Education

532 N.E.2d 1300, 40 Ohio St. 3d 152, 1988 Ohio LEXIS 445
CourtOhio Supreme Court
DecidedDecember 29, 1988
DocketNo. 87-2097
StatusPublished
Cited by22 cases

This text of 532 N.E.2d 1300 (Gibney v. Toledo Board of Education) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gibney v. Toledo Board of Education, 532 N.E.2d 1300, 40 Ohio St. 3d 152, 1988 Ohio LEXIS 445 (Ohio 1988).

Opinion

Locher, J.

The primary issue presented in this action is whether, subsequent to April 1, 1984, appellees were required to exhaust any administrative remedies provided in R.C. 4117.01 et seq. prior to obtaining relief in the court of common pleas under Section 1983, Title 42, U.S. Code. We hold in the negative and, accordingly, affirm the decision of the court of appeals.

In Abood v. Detroit Bd. of Edn. (1977), 431 U.S. 209, the United States Supreme Court upheld agency shop service fees as being constitutionally valid as long as the agency shop agreement required every employee in the bargaining unit to defray the costs of collective bargaining, contract administration, and grievance adjustment. However, Abood also held that a union could not, without violating the First [154]*154Amendment, “ ‘collect from dissenting employees any sums for the support of ideological causes not germane to its duties as collective bargaining agent.’ ” Chicago Teachers Union, Local No. 1 v. Hudson (1986), 475 U.S. 292, 294, quoting Ellis v. Railway Clerks (1984), 466 U.S. 435, 447. Plans which provide for refunding portions of service fees to nonmembers pursuant to the requirements of the First Amendment must contain adequate procedures which enable nonmembers to protect their constitutional rights and challenge the validity of the refund. See Hudson, supra.

As noted above, appellees challenged the service fee and TFT’s procedures regulating the rebate of portions of such service fees. Appellees relied on Section 1983, Title 42, U.S. Code4 as a basis for their federal constitutional claims and the courts below granted relief pursuant to those claims. “[A] § 1983 action is available to redress substantive due process violations of a specific constitutional guarantee.” McGlumphy v. Fraternal Order of Police (N.D. Ohio 1986), 633 F. Supp. 1074, 1079. While Section 1983 was designed to provide injured persons access to federal courts, the Congress conferred concurrent jurisdiction on state courts as well. Patsy v. Bd. of Regents of Florida (1982), 457 U.S. 496, 506-507.

In the instant action, TFT did not appeal the trial court’s determination that the procedures used to refund nonmember employee service fees and resolve disputes concerning the validity of the rebates were unconstitutional. That issue is not before us. TFT contends that the trial court erred in granting relief to appellees extending beyond April 1, 1984, because appellees were required to exhaust administrative remedies contained in R.C. 4117.01 et seq., and specifically R.C. 4117.09(C), before obtaining relief pursuant to Section 1983.5 We do not agree.

[155]*155In Patsy v. Bd. of Regents of Florida, supra, the Supreme Court held that plaintiffs need not exhaust state administrative remedies before instituting Section 1983 actions in federal court. State courts were divided as to whether Patsy also applied with regard to the filing of Section 1983 actions in state courts. See Kramer v. Horton (1986), 128 Wis. 2d 404, 383 N.W. 2d 54, certiorari denied (1986), 479 U.S. 918; McConnell v. Seattle (1986), 44 Wash. App. 316, 722 P. 2d 121; State, ex rel. Basham, v. Medical Licensing Bd. of Ind. (Ind. App. 1983), 451 N.E. 2d 691; Bartschi v. Chico Community Memorial Hosp. (1982), 137 Cal. App. 3d 502, 187 Cal. Rptr. 61 (all holding Patsy not applicable to state court Section 1983 actions). See, also, James v. Jennings (Mo. App. 1987), 735 S.W. 2d 188. But, see, Maryland Natl. Capital Park & Planning Comm. v. Crawford (1984), 59 Md. App. 276, 475 A. 2d 494, affirmed on other grounds (1986), 307 Md. 1, 511 A. 2d 1079; Fetterman v. Univ. of Conn. (1984), 192 Conn. 539, 473 A. 2d 1176; Logan v. So. Cal. Rapid Transit Dist. (1982), 136 Cal. App. 3d 116, 185 Cal. Rptr. 878 (all holding Patsy applicable to state court Section 1983 actions). See, also, O’Connors v. Helfgott (R.I. 1984), 481 A. 2d 388.

TFT argues that Patsy, supra, only applies to Section 1983 actions filed in federal court. We need not delve into such analysis because of the Supreme Court’s recent decision in Felder v. Casey (1988), 487 U.S___ 101 L. Ed. 2d 123, 108 S. Ct. 2302. In Felder, the plaintiff had been arrested in Milwaukee, Wisconsin, for disorderly conduct. Following an investigation, the charge was dropped. Subsequently, the plaintiff filed a state court Section 1983 action against Milwaukee and several of its police officers, alleging that his arrest was unprovoked and racially motivated and violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution. A Wisconsin statute provided that before a suit could be brought in state court against a state or local government entity or officer, the plaintiff must notify the governmental defendant of the circumstances giving rise to the claim, the amount of the claim and his or her intent to hold the named defendant liable. The statute also required that, in order to afford the defendant an opportunity to consider the requested relief, the claimant must refrain from filing suit for one hundred twenty days after providing such notice. If the plaintiff failed to comply with these requirements, it was grounds for dismissal. The Supreme Court of Wisconsin held that this “notice-of-claim” statute applied to federal civil rights actions brought in state court under Section 1983.

In an opinion utilizing broad and sweeping language, the Supreme Court reversed. The court stated: “Section 1983 creates a species of liability in favor of persons deprived of their federal civil rights by those wielding state authority. As we have repeatedly emphasized, ‘the central objective of the Reconstruction-Era civil rights statutes * * * is to ensure that individuals whose federal constitutional or statutory rights are abridged may recover damages or secure injunctive relief.’ * * * Thus § 1983 provides ‘a uniquely federal remedy against incursions * * * upon rights secured by the Constitution and laws of the Nation,’ * * * and is to be accorded ‘a sweep as broad as its language.’ * * *” (Citations omitted.) Id. at_, 101 L. Ed. 2d at 138, 108 S. Ct. at 2307.

The Supreme Court found that the Wisconsin statute undermined this “uniquely federal remedy,” on three separate bases. First, because it condi[156]*156tions the right of recovery that Congress has authorized for a reason inconsistent with the purpose of the federal statute. Second, because the notice provision discriminates against the federal right.

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Bluebook (online)
532 N.E.2d 1300, 40 Ohio St. 3d 152, 1988 Ohio LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibney-v-toledo-board-of-education-ohio-1988.