Case law

Daily Monument Co. v. Crown Hill Cemetery Ass'n

114 Ohio App. 143 · Ohio Court of Appeals · Jul 13, 1961

As quoted from the amended charter of Crown Hill Cemetery Association, the right to deal in the sale of grave memorials is clearly and completely spelled out. … The rules applicable here are clearly expressed in the case of Nelson Radio & Supply Co., Inc., v.

Barstow v. Waller, Unpublished Decision (10-26-2004)

2004 Ohio 5746 · Ohio Court of Appeals · Oct 26, 2004

Clearly, setting bail in a felony criminal case is a "judicial" act. … However, R.C. 2744.03 (A)(6) specifically provides that this qualified immunity is "[i]n addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division

Dugan v. Franklin Cty. Bd. of Revision

2014 Ohio 4491 · Ohio Court of Appeals · Oct 9, 2014

However, other record evidence establishes that appellants sought the tax reduction on the Hilliard parcel. … Contrary to appellants' assertion, the plain language of R.C. 323.11 does not establish a new tax lien date for newly platted parcels.

State v. Ward

2026 Ohio 838 · Ohio Court of Appeals · Mar 12, 2026

Claim of Blanket Immunity Ward argues his trial counsel was ineffective because they asserted during voir dire that “police officers have a blanket immunity.” (Appellant’s brief at p. 14.) … However, after reviewing the transcript, including page 245, we find no references to “blanket immunity.”

Souther v. Preble Cty. Dist. Lib., Unpublished Decision (4-17-2006)

2006 Ohio 1893 · Ohio Court of Appeals · Apr 17, 2006

Alternatively, appellants assert that immunity is abrogated by the imposition of express statutory liability on appellees. {¶ 10} Ohio Revised Code Chapter 2744 establishes a three-tiered analysis for determining whether … Chandler (C.A.9, 2002), 303 F.3d 1039 , 1052 ("To establish a violation of Title II of the ADA, a plaintiff must show that [1] he is a qualified individual with a disability; [2] he was excluded from participation in or otherwise

Davis v. Springfield Police Dept., Unpublished Decision (3-12-2004)

2004 Ohio 1164 · Ohio Court of Appeals · Mar 12, 2004

Davis contends that the trial court incorrectly dismissed his complaint upon a finding that the defendants are entitled to qualified immunity. … immunity.

Drummond v. Ohio Dept. of Rehab. & Corr.

2022 Ohio 1096 · Ohio Court of Appeals · Mar 31, 2022

Whether Drummond was equally qualified and demonstrated other probative evidence of discrimination {¶ 28} We first consider whether Drummond established she was equally qualified with Palmer and there was … , than clearly one candidate's qualifications are not significantly better than the other's."

Bachmayer v. Toledo Board of Education

44 Ohio App. 3d 104 · Ohio Court of Appeals · May 20, 1988

This immunity, and right to defense and indemnification, did not exist prior to the enactment of the Sovereign Immunity Law [R.C. 2744.07] in 1985. … Appellee claims that the evidence does not establish that he was insured at the time of the student’s injury.

State v. Roby

2023 Ohio 1889 · Ohio Court of Appeals · Jun 8, 2023

If you qualify for the program, that would be the best program for you. … If you qualify for the program, that would be the best program for you.

State v. Bruce, 22612 (10-24-2008)

2008 Ohio 5514 · Ohio Court of Appeals · Oct 24, 2008

that Elizabeth Alley, who withdrew Bruce's blood at Miami Valley Hospital, was qualified to do so. {¶ 12} R.C. 4511.19 (D)(1)(b) provides that only a "physician, a registered nurse, or a qualified technician, chemist, or … Alley testified that she had drawn blood for criminal prosecutions many times in the past and that she had complied with Department of Health regulations. {¶ 14} The state's evidence clearly established that Alley had expertise

State v. Moreland

2025 Ohio 59 · Ohio Court of Appeals · Jan 10, 2025

The entry continued Moreland on the previously established bond but advised that additional violations of bond may result in a capias being issued for her arrest and possible revocation of the bond. {¶ 6} On January … is not a qualifying assault offense, she had caused physical harm to another person in committing the offense.

Meekins v. Oberlin

2019 Ohio 2825 · Ohio Court of Appeals · Jul 11, 2019

established. … ‘“[O]bvious potential for such a violation’ has two elements: It must be obvious that the failure * * * will lead to certain conduct, and it must be obvious (i.e., clearly established) that the conduct will violate constitutional

UBS Real Estate Securities, Inc. v. Teague

191 Ohio App. 3d 189 · Ohio Court of Appeals · Nov 19, 2010

The court found that the Teagues were in default of the loan in the amount of $125,769.21 plus interest, but were immune from personal liability on the note. … The court ruled: “The failure to ensure proper mail delivery and keep informed of the progress of an ongoing case does not qualify as excusable neglect.” 3 Id. See also Morgan v. Sheffield Ents., Ltd., Lorain App.

State v. Mansour

2016 Ohio 755 · Ohio Court of Appeals · Feb 29, 2016

"The ordinary training and experience of a police officer may qualify an officer to identify marijuana and establish probable cause to conduct a search if the officer establishes that he has had some experience identifying … As the Ohio Supreme Court stated, "if the smell of marijuana, as detected by a person who is qualified to recognize the odor, is the sole circumstance, this is sufficient to establish probable cause" to search a vehicle

Kelly v. Accountancy Bd. of Ohio

88 Ohio App. 3d 453 · Ohio Court of Appeals · Jun 30, 1993

for individuals who disclose confidential, or even privileged information, in order to encourage the reporting felonies, but at the same time intended to restrict severely the type of conduct that qualifies for such protection … The restrictive type of disclosure the board suggests potentially could limit the effectiveness of the reporting requirements established by R.C. 2921.22 in such cases because law enforcement authorities would be unable to

Nelson v. Bd., Park Commrs., Conneaut Tp., Unpublished Decision (12-28-2001)

Ohio Court of Appeals · Dec 28, 2001

What happened on July 15, 1997, in the waters of Lake Erie adjacent to Township Park was clearly a tragedy, but more importantly, it was a tragedy that could have been avoided. … Under a constitutional analysis, there simply must be an outside limit to governmental immunity under the recreational user statute. In this case, that line has been crossed.

Yoder MacHinery Sales Co. v. Weldon F. Stump & Co.

176 Ohio App. 3d 668 · Ohio Court of Appeals · Jan 11, 2008

L-06-1014, 2007-Ohio-1530 , 2007 WL 949762 . {¶ 14} R.C. 1775.36 establishes the parameters of those who are qualified to be appointed as winding-up partner. … . {¶ 16} The record establishes through the testimony of relevant employees of both companies that they engaged in post hoc asset-accounting modifications that clearly ran counter to the security interest of Huntington.

Cleavenger v. B.O.

184 N.E.3d 968 · Ohio Court of Appeals · Feb 16, 2022

Cleavenger’s allegation that B.O. testified falsely against him during his criminal trial, it is well established that individuals testifying in a judicial proceeding enjoy absolute immunity under Section 1983 in connection … As the Supreme Court of Ohio has explained: It is a well-established rule that judges, counsel, parties, and witnesses are absolutely immune from civil suits for defamatory remarks made during and

State v. Johnson

2014 Ohio 1226 · Ohio Court of Appeals · Mar 24, 2014

In the “D,” and some of the other pictures will clearly depict that, there’s an “X.” … Tr. 396. {¶64} Consequently, given the above the proper foundation was laid and this foundation established that he could testify as a lay witness. {¶65} That said, the above foundation also establishes that

Whitfield v. City of Dayton

167 Ohio App. 3d 172 · Ohio Court of Appeals · Jun 9, 2006

In these assignments of error, plaintiffs contend that the trial court improperly added a layer of immunity by requiring, as a condition of establishing proximate cause, that the conduct of the police officers be extreme … However, R.C. 2744.02(B) provides exceptions to immunity.