Case law

Ottawa Tribe of Okla. v. Speck

447 F. Supp. 2d 835 · District Court, N.D. Ohio · Jul 31, 2006

Speck argues the Ex parte Young exception to qualified immunity is inapplicable to this case because the Tribe’s claim implicates the State’s special interests in sovereignty. … Further, § 2415(c) exempts suits to establish title to real/personal property.

Anthony v. United Telephone Co. of Ohio

277 F. Supp. 2d 763 · District Court, N.D. Ohio · Aug 2, 2002

Anthony had not established a *771 prima facie case because she has not shown that she is a qualified person under the act. The Magistrate Judge also determined that, even if Ms. … To establish a prima facie case of discrimination based on her disability, Ms. Anthony must show that she is a “qualified individual with a disability”.

Ackley v. Howland Township Police Department

District Court, N.D. Ohio · Feb 28, 2022

“Clearly established law” should not be defined “at a high level of generality” and the clearly established law must be “particularized” to the facts of the case. Ashcroft, 563 U.S. at 742; Anderson v. … Katz, the Supreme Court established a two-step inquiry for determining whether an official is entitled to qualified immunity. 533 U.S. 194, 201 (2001).

Batton v. Ohio

District Court, N.D. Ohio · Jan 24, 2023

The general preference to defer rulings on qualified immunity until further facts have been developed only applies to the second prong – clearly established – but “does not at all cover qualified immunity’s first prong … “Put differently, if the complaint fails to allege facts plausibly showing the violation of a constitutional right (regardless of whether that right was clearly established), granting qualified immunity is appropriate on

Kimble v. WASYLYSHYN

687 F. Supp. 2d 703 · District Court, N.D. Ohio · Dec 23, 2009

Prima Facie Case To establish a prima facie case of race discrimination in a promotion decision, Plaintiff must show (1) he is a member of a protected class; (2) he was qualified for the promotion; (3) he was considered for … Based on published criteria and interview *711 scores, the interview panel was confronted with two well-qualified candidates. An additional, clearly relevant criterion (Statistics) favored Konrad.

Rolfes v. Davis

District Court, N.D. Ohio · Oct 4, 2021

Qualified immunity stops this claim. … ) the right was “clearly established” at the time of the alleged events.29 Qualified immunity will apply if, objectively,   26 , 865 F.3d 391

Fisher Foods, Inc. v. Ohio Department of Liquor Control

555 F. Supp. 641 · District Court, N.D. Ohio · Dec 28, 1982

Midcal Aluminum, supra, the Court found that these decisions established two standards for anti-trust immunity under Parker v. Brown, supra. … First, the challenged restraint must be one clearly articulated and affirmatively expressed as state policy; Second, the policy must be actively supervised by the State itself.

Afjeh v. Village of Ottawa Hills

District Court, N.D. Ohio · Dec 11, 2023

Qualified immunity shields certain government officials from civil liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. … A defendant is not entitled to qualified immunity if (1) he violated a plaintiff’s right and (2) such right was clearly established. Id.

Washington v. State of Ohio

District Court, N.D. Ohio · Aug 1, 2023

Washington also observes that “[p]ublic officials sued in their official capacities are not entitled to qualified or good faith immunity.” (Doc. No. 7, at 2 (citing cases).) … The Court did not grant any of the defendants qualified immunity.

Brooks v. Werth

District Court, N.D. Ohio · May 22, 2020

“Clearly established law” should not be defined “at a high level of generality” and the clearly established law must be “particularized” to these facts of the case. Ashcroft, 563 U.S. at 742; Anderson v. … Katz, the Supreme Court established a two-step inquiry for determining whether an official is entitled to qualified immunity. 533 U.S. 194, 201 (2001).

Osborn v. Knights of Columbus

401 F. Supp. 2d 822 · District Court, N.D. Ohio · Nov 22, 2005

Ameriflora 1992, Inc., 96 Ohio App.3d 179, 185 , 644 N.E.2d 1038 (1994) (if the statements are untrue and made with actual malice, then a defendant’s claim of qualified immunity is defeated). … By not refuting defendants' assertion that communications, but for malice, were covered by qualified immunity, plaintiff has waived any right to assert such at a later date.

Conway v. International Ass'n of Heat & Frost Insulators & Asbestos Workers

209 F. Supp. 2d 731 · District Court, N.D. Ohio · Feb 12, 2002

News-Herald, 25 Ohio St.3d 243 , 496 N.E.2d 699, 705 (1986) (“Expressions of opinion are generally accorded absolute immunity from liability under the First Amendment.”). … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Vaughn v. Rea

District Court, N.D. Ohio · Jun 23, 2025

Evaluating an assertion of qualified immunity involves analyzing whether: (1) a government official violated the plaintiff’s constitutional or statutory right and (2) that right was clearly established at the … The plaintiff bears the burden of proof on qualified immunity and thus must “demonstrat[e] a constitutional violation and a clearly established right at the time of the incident.” Id. (citing Hart v.

Roudnahal v. Ridge

310 F. Supp. 2d 884 · District Court, N.D. Ohio · Dec 3, 2003

Unless a plaintiff can demonstrate that an agreement clearly subjects the government to monetary liability, a claim for breach by the government in its sovereign capacity is outside the waiver of sovereign immunity. … If adjudication of these applications is unreasonably delayed, however, case law clearly states that Tucker Act damages cannot be legally pursued absent a waiver of sovereign immunity. See F.D.I.C. v.

Omotosho v. Giant Eagle, Inc.

997 F. Supp. 2d 792 · District Court, N.D. Ohio · Jan 31, 2014

The Sixth Circuit disagreed and held that the Michigan Supreme Court unreasonably applied clearly established federal law. Berghuis, 543 F.3d at 342 . … Although the Supreme Court held that the law was not clearly established, it left open the question of "whether the impact of social and economic factors can support a fair-cross-section claim.” Id.

R.S. v. Lucas County Children Services

District Court, N.D. Ohio · Mar 27, 2025

Moreover, the qualified immunity doctrine protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … A “clearly established right”, for the purpose of determining whether a public official is entitled to qualified immunity, “is one that is ‘sufficiently clear that every reasonable official would have understood that what

Rapp v. General Motors Corp.

148 F. Supp. 2d 924 · District Court, N.D. Ohio · Jun 25, 2001

Consequently, whether the Plaintiff was as qualified as Christy is irrelevant in establishing pretext in this case. … Again, the Plaintiff, a female, clearly has established the first element of a prima facie case of gender discrimination.

Calvey v. Village of Walton Hills

District Court, N.D. Ohio · Jan 15, 2020

Because plaintiff cannot establish the violation of a clearly established constitutional guarantee, the § 1983 claims fail and individual defendants are entitled to qualified immunity. (1.) … Morever, even if a constitutional violation has occurred, Kwiatkowski and Cercek would still be entitled to qualified immunity unless the plaintiff is able to show that (1) the constitutional right was clearly established

Curtis v. Hoosier Racing Tire Corp.

299 F. Supp. 2d 777 · District Court, N.D. Ohio · Jan 13, 2004

Edward did not suffer a tire blow-out during his practice or qualifying laps, but he did not qualify for the race because of mechanical problems during the qualifying time trials. … Indeed, under Hoosier’s theory, a race-car product supplier could immunize itself from many product liability claims simply by doing what it probably already does — advertise at racing events.

R.S. v. Lucas County Children Services

District Court, N.D. Ohio · Mar 25, 2022

Thus, Plaintiffs cannot establish a constitutional right that was violated; the individual Lucas County Defendants are entitled to qualified immunity. … However, “[w]hen federal qualified immunity and Ohio state-law immunity under [Ohio Rev.