Case law

Caplan v. Roseman

667 F. Supp. 549 · District Court, N.D. Ohio · Aug 18, 1987

Fitzgerald, 457 U.S. 800, 819 , 102 S.Ct. 2727, 2738-39 , 73 L.Ed.2d 396 (1982), assessed in light of the legal rules that were “clearly established” at the time it was taken, id. at 818 , 102 S.Ct. at 2738 . … If a court finds that police officers are entitled to qualified immunity, the § 1983 action is over, at least as to the claims against the officers granted qualified immunity.

Howard v. Regional Transit Authority

667 F. Supp. 540 · District Court, N.D. Ohio · Aug 11, 1987

Fitzgerald, 457 U.S. 800, 819 , 102 S.Ct. 2727, 2739 , 73 L.Ed.2d 396 (1982), assessed in light of the legal rules that were “clearly established” at the time it was taken, id. at 818 , 102 S.Ct. at 2738 . … The defendant RTA patrolmen are protected by qualified immunity in the instant case because a reasonable officer under these circumstances could have believed the arrest of Gerald Howard to be lawful under the clearly established

Badri v. Huron Hospital

691 F. Supp. 2d 744 · District Court, N.D. Ohio · Feb 10, 2010

Aug. 20, 2009) (an abrasive attitude and “personality conflicts” insufficient to establish a qualifying disability). … As observed above, Plaintiff cannot establish that he is a qualified individual with a disability.

Boals v. Gray

577 F. Supp. 288 · District Court, N.D. Ohio · Nov 9, 1983

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) (federal officials entitled to qualified immunity in direct constitutional suit “insofar as their conduct does not violate clearly established statutory … Consequently, he is not entitled to the protection of the shield of qualified immunity.

Hidden Village, LLC v. City of Lakewood

867 F. Supp. 2d 920 · District Court, N.D. Ohio · Mar 30, 2012

right was clearly established. … Accordingly, qualified immunity is denied.

Smith v. City of Elyria

857 F. Supp. 1203 · District Court, N.D. Ohio · Jul 28, 1994

An individual defendant is qualifiedly immune from personal liability for damages under § 1983 if a reasonable police officer could have believed that his or her actions were lawful, in light of clearly established law and … However, the Court finds that these rights were not “clearly established” at the time of the officers’ actions here.

Swales v. Township of Ravenna

989 F. Supp. 925 · District Court, N.D. Ohio · Oct 20, 1997

A state official is entitled to qualified immunity when his conduct was objectively reasonable in light of clearly established rules and the information then possessed by the official. Id. (citing Anderson v. … Tishomingo County, 962 F.2d 501, 510 (5th Cir.1992) (When facts relied on to establish probable cause for arrest were in dispute, “[w]hether or not [defendant could] claim qualified immunity from [plaintiff’s] Fourth Amendment

Dotson v. Wilkinson

477 F. Supp. 2d 838 · District Court, N.D. Ohio · Mar 12, 2007

“[Government officials performing discretionary functions generally are granted a qualified immunity and are ‘shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Dotson has failed to show a violation of any clearly established federal right. Accordingly, defendants are entitled to qualified immunity. Therefore, Mr.

Ortiz v. Holmes

157 F. Supp. 3d 692 · District Court, N.D. Ohio · Jan 18, 2016

The motion also raised several immunity arguments, claiming that the various defendants were entitled to quasi-judicial, qualified, and/or sovereign immunity. … The second factor clearly, weighs in favor of sovereign immunity. 3.

Jacobs v. Village of Ottawa Hills

159 F. Supp. 2d 693 · District Court, N.D. Ohio · Jul 24, 2001

Also, I found that Officers Miller and Knallay were not entitled to qualified immunity. (Id. at 16-19). Defendants appealed the denials of qualified immunity to the Sixth Circuit. … Unlike qualified immunity under federal law, the Ohio statutory immunity requires a certain state of mind.

Wellmaker v. Dahill

836 F. Supp. 1375 · District Court, N.D. Ohio · Nov 5, 1993

Qualified Immunity. Defendants argue that, should the Court find that genuine issues of material fact do exist, summary judgment must nevertheless be granted in their favor on qualified 'immunity grounds. … A state official is entitled to qualified immunity if his allegedly unlawful conduct was objectively reasonable when considered in light of the legal rules that were clearly established at the time the challenged conduct

XXL of Ohio, Inc. v. City of Broadview Heights

341 F. Supp. 2d 765 · District Court, N.D. Ohio · Jan 13, 2004

In other words, qualified immunity is appropriate either on the basis that the right allegedly violated was not at the time “clearly established,” or if “clearly established,” was one that a “reasonable” person in the defendant … A plaintiff faced with a defense of qualified immunity can overcome that defense only by showing that at the time of the alleged violation of plaintiffs rights the right in question was so clearly established that a reasonable

Terrace Knolls, Inc. v. Dalton, Dalton, Little & Newport, Inc.

571 F. Supp. 1086 · District Court, N.D. Ohio · Sep 28, 1983

Good faith immunity defeats § 1983 claims so long as official conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … in order to lose their qualified immunity under Owen v.

Miller v. United States

926 F. Supp. 642 · District Court, N.D. Ohio · May 22, 1996

First, the United States argues plaintiff cannot “establish ] that the position of the United States in the proceeding was not substantially .justified.” 26 U.S.C. § 7430 (c)(4)(A)(i). … United States, 723 F.Supp. 163, 169 (W.D.Mo.1989), the better view is clearly to apply the $2 million limit. Estate of Woll, 44 F.3d 464 , 468 (7th Cir.1994). 3 .

Downie v. City of Middleburg Hts.

76 F. Supp. 2d 794 · District Court, N.D. Ohio · Sep 30, 1999

Qualified Immunity The defendants have argued that, even if the plaintiff has a viable constitutional claim, they are nonetheless immune from suit under the doctrine of qualified immunity. … As they point out, federal officials are immune from a Bivens action “insofar as their conduct does not violate clearly established statutory or Constitutional rights of which a reasonable person would have known.”

Horen v. BD. OF EDUC. OF CITY OF TOLEDO

655 F. Supp. 2d 794 · District Court, N.D. Ohio · Sep 8, 2009

, the defendants would be entitled to qualified immunity. … Defendants are entitled to qualified immunity. E.

Trewhella v. City of Findlay

592 F. Supp. 2d 998 · District Court, N.D. Ohio · Dec 31, 2008

Mayor Iriti and Chief Spraw argue they are entitled to the defense of qualified immunity. … “Qualified immunity is an affirmative defense that, once asserted, shifts the burden of proof to the plaintiff to show that the defendant is not entitled to qualified immunity.” Lanman v.

Robinson v. Runyon

987 F. Supp. 620 · District Court, N.D. Ohio · Dec 8, 1997

Moreover, the non-moving party must produce some evidence that establishes each of the elements on which he or she will bear the burden of proof at trial. Celotex Corp. v. … The Seventh Circuit acknowledged that the “sue and be sued” clause operated as a waiver of sovereign immunity.

Wooster Industrial Park, LLC v. City of Wooster

55 F. Supp. 3d 990 · District Court, N.D. Ohio · Oct 23, 2014

In the alternative, plaintiffs argue that, even if the exception does not apply, the City defendants have failed to establish the necessary elements for state-action immunity. … As an alternative to the market-participant exception to state-action immunity, plaintiffs argue that the City has failed to establish the necessary elements for state-action immunity.

Gould, Inc. v. Mitsui Min. & Smelting Co., Ltd.

750 F. Supp. 838 · District Court, N.D. Ohio · May 2, 1990

This certainly qualifies as a threat of continued wrongdoing as defined by H.J., Inc., Therefore, Gould has adequately alleged a pattern of racketeering activity- 111. … a foreign state is not entitled to immunity.