United States Sixth Circuit

In an action brought by a disappointed bidder under 42 U.S.C. section 1983 and state law alleging a deprivation of property without due process and violations of Kentucky law covering the award of public contracts, dismissal of the claims is affirmed as: 1) the procedural requirements of state lease procurement law do not afford plaintiff a property interest in getting the state to lease its real property; and 2) the Eleventh Amendment provides defendants immunity from state law claims to the extent they were brought in federal court.

Appellate Information

• Decided 09/25/2007
• Published 09/25/2007

Judges

• Before:  MARTIN and ROGERS, Circuit Judges;  HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christian A. Jenkins, Mezibov & Jenkins, Cincinnati, Ohio, for Appellant.  Patrick W. McGee, Commonwealth of Kentucky, Office of Legal Services for Finance and Technology, Frankfort, Kentucky, for Appellees.   ON BRIEF:  Christian A. Jenkins, Marc D. Mezibov, Stacy Ann Hinners, Mezibov & Jenkins, Cincinnati, Ohio, for Appellant.  Patrick W. McGee, Commonwealth of Kentucky, Office of Legal Services for Finance and Technology, Frankfort, Kentucky, for Appellees.