Haskell V. Washington Township

Plaintiff-appellant W. Martin Haskell, M.D., appeals from the judgment of the district court dismissing his civil rights action filed pursuant to 42 U.S.C. § 1983. This case involves a long history of Haskell's unsuccessful attempts to open a clinic in Washington Township, Ohio ("the Township") where outpatient surgery and abortions would be performed. The principal issues on appeal are (1) whether the district court erred in holding that certain of Haskell's claims were barred by the statute of limitations; (2) whether the district court erred in concluding that Haskell lacked standing to bring this action; (3) whether the district court erred in failing to enter judgment declaring certain Washington Township zoning ordinances unconstitutional; (4) whether the district court should have awarded attorney's fees and costs pursuant to 42 U.S.C. § 1988; (5) whether the district court erred in precluding Haskell from adding his wholly owned corporation as a party plaintiff; (6) whether the district court erred in dismissing the individual Township Trustees on the basis of qualified immunity; and (7) whether the district court erred in concluding that Haskell's proof of damages was insufficient. For the reasons that follow, the judgment of the district court is reversed.