Case law

Jones v. Village of Highland Hills

District Court, N.D. Ohio · Nov 30, 2021

Qualified Immunity and Fourth Amendment Standards Under the doctrine of qualified immunity, public officials are immune from suit “insofar as their conduct does not violate clearly established statutory or … immunity because his use of the taser was objectively reasonable under the circumstances; (3) Officer Cvanciger is entitled to qualified immunity because it was not clearly established that pointing a taser violated Jones

Doe v. City of Cleveland

788 F. Supp. 979 · District Court, N.D. Ohio · Jun 28, 1991

In an official capacity suit, the defense of qualified immunity is not available. 3 To prevail in this suit, then, Doe must show that an official, acting under color of state law, caused the deprivation of a federal right … The parties have spent a considerable amount of time briefing the issue of qualified immunity.

Casey Stine v. Sandusky County

District Court, N.D. Ohio · Apr 3, 2023

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … There are two parts to the qualified immunity inquiry: (1) do the facts show a violation of a constitutional right, and (2) was that constitutional right “‘clearly established’ at the time of [the] defendant’s alleged misconduct

Yatsko v. Graziolli

District Court, N.D. Ohio · Jun 23, 2020

An officer is entitled to qualified immunity unless a constitutional violation occurred and the rights at issue were clearly established at the time of the misconduct. Barker v. … Ohio Aug. 29, 2013) (entering final judgement on the grant of qualified immunity on one § 1983 claim where the defendant was appealing the denial of qualified immunity on a different § 1983 claim); Abdulsalaam v.

Redman v. Lima City School District Board of Education

889 F. Supp. 288 · District Court, N.D. Ohio · Mar 10, 1995

To establish the fifth element of a hostile work environment claim the plaintiff must also establish respondeat superior liability on the part of the Board based on traditional agency principles. Kauffman v. … Haller and Buroker argue that they have qualified immunity as to the claims against them. The Supreme Court has recognized a qualified immunity for school official in *295 § 1983 actions. Harlow v.

Palomino v. Cuyahoga County, Ohio

District Court, N.D. Ohio · Nov 21, 2022

Qualified Immunity Even if Plaintiff’s claims against Officer Moctezuma were not time-barred, Officer Moctezuma is entitled to qualified immunity.   … , preferably prior to broad discovery.”30 Once a defendant raises qualified immunity as a defense, “plaintiff bears the burden of showing that defendants are not entitled to qualified immunity.

Braithwaite v. SECRETARY OF DEPT. OF HOMELAND SEC.

699 F. Supp. 2d 949 · District Court, N.D. Ohio · Mar 16, 2010

Because the ADEA explicitly allows federal employees to sue the United States government for age discrimination, 29 U.S.C. § 633a, Congress has waived the government’s sovereign immunity as to such claims. … In so deciding, the Court clarified that the United States government has waived sovereign immunity as to these claims also. Gomez-Perez, supra, 128 S.Ct. at 1942-43 .

Doe v. New Philadelphia Public Schools Board of Education

996 F. Supp. 741 · District Court, N.D. Ohio · Mar 12, 1998

First, Plaintiff John Doe is clearly a member of a protected class under these circumstances. … McCune was clearly an agent of New Philadelphia when the events described above occurred.

Brown

District Court, N.D. Ohio · Feb 26, 2026

Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … If the law did not clearly put the defendant on notice that their conduct was unlawful, summary judgment under qualified immunity is appropriate. See id.

Scott v. Kreiger

538 F. Supp. 495 · District Court, N.D. Ohio · Dec 19, 1981

The individual officers or agents of the political subdivision are entitled to assert a qualified good faith immunity defense. See Pierson v. Ray, 386 U.S. 547, 555-557 , 87 S.Ct. 1213, 1218-19 , 18 L.Ed.2d 288 (1961). … For purposes of this case, it is not necessary to reach the question of whether Scott was deprived of his liberty without due process so as to establish a § 1983 cause of action. See Baker v.

Oros v. Hull & Associates, Inc.

302 F. Supp. 2d 839 · District Court, N.D. Ohio · Jan 30, 2004

Defendant asserts that summary judgment is appropriate on all claims both because plaintiff has failed to establish a prima facie intentional *843 tort case and because defendant is immune from tort actions under Ohio Rev.Code … Because Ohio’s workers’ compensation program grants employers immunity from employee lawsuits except in cases where the employer has committed an intentional tort, plaintiff must establish that defendant committed an intentional

McClure

District Court, N.D. Ohio · Oct 30, 2025

The doctrine of qualified immunity protects government officials from liability for civil damages, insofar as their conduct does not violate clearly established statutory or constitutional rights. See Pearson v. … Accordingly, qualified immunity is only implicated when a defendant violates a clearly established constitutional right. See Anderson v. Creighton, 483 U.S. 635, 640 (1987) (emphasis added).

Lawson v. Dutch Heritage Farms, Inc.

502 F. Supp. 2d 698 · District Court, N.D. Ohio · Aug 1, 2007

The Tennessee Appellate Court noted that under Tennessee’s EALA, “equine activity sponsors,’ ‘equine professionals,’ and others have enjoyed qualified immunity from suit in Tennessee.” Id., supra at *3. … , for the participant to counter carrying the burden to establish that “[t]he immunity from tort ... is forfeited ...” by one of the four listed “circumstances” under subsection B(2).

Kovach

District Court, N.D. Ohio · Aug 7, 2026

Qualified Immunity as to Dunphy Plaintiffs have failed to negate Dunphy’s entitlement to qualified immunity. … At the pleading stage, a plaintiff must include factual allegations of specific conduct plausibly making out a violation of clearly established law; if a plaintiff fails to make out those claims, a defendant pleading qualified

Manning v. Henry

District Court, N.D. Ohio · Aug 18, 2025

Defendant further asserts he is entitled to qualified immunity because Plaintiff has not demonstrated that Defendant violated a clearly established constitutional right. See id. at 10-12. … Due to Plaintiff’s inability to establish a constitutional violation, much less a clearly established one, Defendant is entitled to qualified immunity. See Harlow v.

LaCroix v. American Horse Show Ass'n

853 F. Supp. 992 · District Court, N.D. Ohio · Apr 28, 1994

immunity is in the jurisdiction”). … The burden is on the defendant as the moving party to establish that there should be a change of venue. Factors Etc., Inc. v.

City of Olmsted Falls v. U.S. Environmental Protection Agency

233 F. Supp. 2d 890 · District Court, N.D. Ohio · Oct 25, 2002

Thus, on the plain face of the statute Congress clearly and unequivocally waived sovereign immunity as to the Administrator 8 to the extent a plaintiff asserts a claim for failure on the part of the Administrator to perform … While plaintiffs clearly allege that the Section 404 Permit is invalid now, there is no allegation that the permit was invalid when issued.

Vos v. Cordray

719 F. Supp. 2d 832 · District Court, N.D. Ohio · Jun 16, 2010

To establish a prima facie case under 42 U.S.C. § 1983 , plaintiff must assert that a person acting under *838 color of state law deprived him of rights, privileges, or immunities secured by the Constitution or laws of the … Judicial Immunity Mr.

Moderwell v. Cuyahoga County, Ohio

District Court, N.D. Ohio · Aug 14, 2020

Qualified Immunity Defendants Johnston, Channell, Miller and Emerson assert that they are entitled to the defense of qualified immunity. … A government official will be entitled to immunity from suit as long as his conduct does not violate “clearly established [federal] statutory or constitutional rights of which a reasonable person would have known.”

Watkins v. Bowerman

District Court, N.D. Ohio · Mar 7, 2023

To overcome qualified immunity, plaintiff must also show that his violated rights were clearly established. He has done so. … Therefore, under clearly established Supreme Court and Sixth Circuit case law, defendants Knaggs and Logan, in view of their alleged conduct, are not entitled to qualified immunity.