Case law

Miller v. Taft

151 F. Supp. 2d 922 · District Court, N.D. Ohio · Apr 18, 2001

The plaintiff claims further that this law “divests him of his clearly established First Amendment right to ‘Peaceably Assemble & to Associate,’ because Plaintiff is now labled [sic] as a ‘dangerous animal’ and has, and will … governmental entity, as soon as possible after docketing, if the court concludes that the complaint fails to state a claim upon which relief may be granted, or if the plaintiff seeks monetary relief from a defendant who is immune

Speers v. University of Akron

196 F. Supp. 2d 551 · District Court, N.D. Ohio · Apr 11, 2002

Largely a rehash of the evidence the defendant presented at trial, the motion fails to establish grounds to invade the jury’s province to decide factual issues. … Insomuch as her testimony touched upon humiliation and embarrassment, it clearly dealt with how individuals employed by the University of Akron treated her.

Monachino v. Village of Walton Hills Police Dept

District Court, N.D. Ohio · May 28, 2024

federal court, and to dismiss before service any such action that the court determines is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from defendant who is immune … established right of persons not in custody or incarcerated to recover for a substantive due process violation because the police permitted them to go on their way after a brief encounter.”

Kline v. Portage County Board of Commissioners

5 F. Supp. 3d 902 · District Court, N.D. Ohio · Mar 17, 2014

“A plaintiff establishes a prima facie case of sex discrimination under Title VII by proving that (1) she is a member of a protected class; (2) that an adverse employment action was taken against her; (3) that she was qualified … In fact, Kline clearly states that she received a 2% pay raise in 2005 or 2006 and does not recall what the engineers received, but believed it was “larger.” Doc. 43 at 21-22. .

Kling v. Mentor Public School District

136 F. Supp. 2d 744 · District Court, N.D. Ohio · Apr 3, 2001

These factors do not “establish a rigid and comprehensive test for determining the appropriateness of preliminary in-junctive relief. … The Klings have not established irreparable harm at the level their strident claims assert. (Docket No. 15 at 8). Q.

Jones v. Summit County Job & Family Services

District Court, N.D. Ohio · Aug 30, 2019

the age of 40, (2) she applied for and was qualified for the position; (3) she was considered for and denied the position; and (4) she was rejected in favor of a significantly younger person with similar … “To establish a prima facie case of retaliation, a plaintiff must show: (1) that she engaged in protected activity; (2) that defendant knew of this exercise of her protected rights; (3) that defendant consequently took

Upson Nut Co. v. American Shipbuilding Co.

251 F. 707 · District Court, N.D. Ohio · Jul 12, 1918

itself the result of adversary negotiations and the only embodiment of the terms in writing, then the evidence will not be regarded as clear and satisfactory, unless the evidential force of the written contract itself is clearly … It is on his part a mistake of law, and, not having been disclosed to the other party, will not be accepted as modifying or qualifying the written terms.

Abramson

District Court, N.D. Ohio · Jul 20, 2026

. § 1983 To establish a federal claim under §1983, Plaintiff must demonstrate that a person acting under color of state law deprived him of a right, privilege, or immunity … This is clearly the act of a private citizen. “Acts of police officers in the ambit of their personal, private pursuits fall outside of 42 U.S.C. § 1983.” Morris, supra.

Saint-Gobain Autover USA, Inc. v. Xinyi Glass North America, Inc.

707 F. Supp. 2d 737 · District Court, N.D. Ohio · Apr 13, 2010

The cavalier manner in which Xinyi treated its potential liability for infringing upon the Saint Gobain patents clearly weighs in favor of a finding of enhancement. … Xinyi challenges this evidence, noting that the trial testimony established that Xinyi did not knowingly set its prices in an effort to drive Saint Gobain out of the market.

Jackson v. TSA

District Court, N.D. Ohio · Dec 23, 2019

An action has no arguable basis in law when a defendant is immune from suit or when a plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Under McDonnell Douglas, Plaintiff must first allege facts to establish a prima facie case of race discrimination.

Angela Miller, et al. v. Richland County Children Services, et al.

District Court, N.D. Ohio · Nov 5, 2025

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. … Magistrate Karen Cannon is immune from suit. Judicial officers are absolutely immune from civil suits. Mireles v. Waco, 502 U.S. 9, 9, 112 S. Ct. 286, 116 L. Ed. 2d 9 (1991); Barnes v.

Fortson

District Court, N.D. Ohio · Jul 17, 2026

(Doc. 15, 6/17/26) These Portage County Defendants base their motion on three grounds: Plaintiff failed to state a cognizable claim; Heck bars Plaintiff’s claims; and Deputy Centa is entitled to qualified immunity. … immunity or the Heck v.

Garcia v. Henderson

District Court, N.D. Ohio · Mar 13, 2024

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Atkins, 487 U.S. 42, 48 (1988) (to state a claim under 42 U.S.C. § 1983, a plaintiff must allege that a person acting under color of state law deprived him of his rights, privileges, or immunities secured by the Constitution

Blue

District Court, N.D. Ohio · Aug 5, 2026

The prosecutor did not represent Defendants and Defendants had no opportunity to litigate defenses they raise here, such as qualified immunity. … of a clearly established right was a “known or obvious consequence” of the lack of training or supervision.

Lesowitz v. Brown

District Court, N.D. Ohio · Aug 5, 2020

immunity. … Ed. 2d an answer, Lesowitz suggested that defendants waived the defense of qualified immunity by not asserting it earlier in this case.

Ridgeway v. Rock

District Court, N.D. Ohio · May 27, 2020

An action has no arguable basis in law when the Defendant is immune from suit or when the Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … To establish diversity of citizenship, the Plaintiff must establish that he is a citizen of one state and all of the Defendants are citizens of other states.

Fradkin v. Ernst

571 F. Supp. 829 · District Court, N.D. Ohio · Sep 1, 1983

To qualify for capital gain or loss treatment, shares must have been held for more than one year. [¶ 10] Your management and the Board of Directors recommend adoption of the pro *854 posed 1983 Non-Qualified Stock Option … The Plan clearly falls within the prohibition of this Rule. 18 . Defendants have cited Ohio Rev.Code § 1701.50(E) as giving special significance to this certificate.

Mowry

District Court, N.D. Ohio · Jan 14, 2026

Kulick, 656 F.2d 1224, 1228-29 (6th Cir. 1981) (“[I]t is now clearly established that res judicata can also be raised by motion.”). 1. … Warren County, Ky., 629 Fed.Appx. 735, 740 (2015) (because defendant was initially granted qualified immunity, the issue of defendant’s personal negligence was not raised, actually litigated and decided, and necessary

Morales v. Coyle

98 F. Supp. 2d 849 · District Court, N.D. Ohio · May 15, 2000

It follows that the Virginia Supreme Court rendered a ‘decision that was contrary to, or involved an unreasonable application of, clearly established Federal law.’ … As such, the Eighth District Court of Appeals rendered a “decision that was ... an unreasonable application of, clearly established Federal law.”

Hosseinipour v. Cook

District Court, N.D. Ohio · Mar 11, 2024

An action has no arguable basis in law when a Defendant is immune from suit or when a Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … To establish diversity of citizenship, the Plaintiff must establish that he is a citizen of one state and all of the Defendants are citizens of other states.