Case law

LaMarca v. United States

34 F. Supp. 3d 796 · District Court, N.D. Ohio · Jul 23, 2014

The sovereign immunity of the United States extends to federal agencies, which are immune from suit absent a waiver of sovereign immunity. Wells Fargo Bank v. … immunity and to stay discovery (ECF 95).

Bare v. Federal Express Corp.

886 F. Supp. 2d 600 · District Court, N.D. Ohio · Aug 15, 2012

A plaintiff may show pretext by establishing “by a preponderance of the evidence ... … In order to establish a prima facie failure to accommodate claim, plaintiff must show that: (1) she has a disability; (2) she is otherwise qualified for the position, with or without reasonable accommodation; (3) defendant

A.A. v. Otsego Local Schools Board of Education

District Court, N.D. Ohio · Sep 18, 2020

Ruckstuhl is not entitled to summary judgment under the doctrine of qualified immunity because that right was clearly established at the time of the incident. See, e.g., Norton, 526 F. App'x at 513. B. … A.A. argues Ruckstuhl is not entitled to state-law immunity under the qualified-immunity analysis and that, without immunity, Ruckstuhl is not entitled to summary judgment on Plaintiffs’ assault and battery and negligent

United States v. Jewell

112 F. Supp. 327 · District Court, N.D. Ohio · May 8, 1953

established to the satisfaction of the local board.” … The only recourse of the Board, therefore, was to classify him as available for military service upon their conclusion that his eligibility for deferment or exemption from military service was not clearly established.

Fuzie v. Manor Care, Inc.

461 F. Supp. 689 · District Court, N.D. Ohio · Jul 5, 1977

In providing funds to assist participating states to furnish necessary medical services to qualified individuals, see Title XIX § 1901, 42 U.S.C. § 1396 , Congress has established an administrative structure which provides … Howard, supra, wherein the plaintiff sought to circumvent the immunity of municipal corporations to suit under 42 U.S.C. § 1983 .

Zielasko v. State of Ohio

693 F. Supp. 577 · District Court, N.D. Ohio · Aug 18, 1988

qualified. … And while the court cannot find cases reported where a person over seventy years has been criminally prosecuted for signing a declaration of candidacy for a judgeship stating that he is qualified, such person is clearly subject

Zielasko v. Ohio

693 F. Supp. 577 · District Court, N.D. Ohio · Aug 18, 1988

qualified. … And while the court cannot find cases reported where a person over seventy years has been criminally prosecuted for signing a declaration of candidacy for a judgeship stating that he is qualified, such person is clearly subject

Hartwig v. United States

80 F. Supp. 2d 765 · District Court, N.D. Ohio · Nov 10, 1999

INTRODUCTION The doctrine of sovereign immunity cloaks the United States with immunity from suits to which it has not consented. … On the other hand, as discussed *779 above, Plaintiffs’ administrative claims clearly implicated the tort of defamation. V.

In Re Investigative Grand Jury Proceedings on April 10, 1979 & Continuing

480 F. Supp. 162 · District Court, N.D. Ohio · Nov 9, 1979

To do otherwise would clearly jeopardize and conflict with the interests of the target clients. … In another case in which it was held that there was insufficient evidence to establish a conflict, the court also pointed out that discussions between the government and the lawyer about immunity for one or more clients could

Afro American Patrolmen's League v. Duck

366 F. Supp. 1095 · District Court, N.D. Ohio · Nov 13, 1973

When, as here, seniority credits clearly prolong the time necessary to remedy the existing racial imbalance, they must fall. … Qualified to take the examination. 8 . Did not appear to take the examination. 9 . Qualified to appear on the appointment list. 10 . Did not qualify for appointment list. 11 .

Danielson v. Fletcher

770 F. Supp. 388 · District Court, N.D. Ohio · Aug 7, 1991

Unlike Title VII cases, however, a plaintiff in an ADEA case may establish a prima facie case other than by proving all elements of the four factor test established in McDonnell Douglas Corp. v. … “There is a clearly enunciated rule in this circuit that age discrimination cases are to be decided on a ‘case by case basis.’

Yatsko v. Graziolli

District Court, N.D. Ohio · May 1, 2020

is entitled to qualified immunity. … In evaluating whether an officer is entitled to qualified immunity, courts consider whether a constitutional violation occurred and “whether the right at issue was clearly established at the time of defendant’s alleged

Golem v. Village of Put-In-Bay

222 F. Supp. 2d 924 · District Court, N.D. Ohio · Aug 30, 2002

Such allegations sufficiently establish publication to a third party. Defendants argue, in the alternative, that they are entitled to summary judgment because Mayor Blatt is entitled to a qualified privilege. … Plaintiff clearly possessed a liberty interest in his reputation. *939 A plaintiff cannot establish a due process violation, however, through defamation alone. Quinn v.

United States v. Brandt

139 F. Supp. 362 · District Court, N.D. Ohio · Jul 29, 1955

But even if the defendants’ argument were sound, the burden would still be theirs to establish that the jury officials were derelict in the performance of their duty. This the defendants have not done. … The language of that statute clearly spells out the fact that in its reference to the qualifications of persons for jury service Congress meant persons who were selected as qualified by the clerk and commissioner.

Garrett v. Morgan County Sheriff's Office

District Court, N.D. Ohio · Jul 25, 2025

Whether an official may prevail in his qualified immunity defense depends upon the “objective reasonableness of [his] conduct as measured by reference to clearly established law.” Id. … “No other ‘circumstances’ are relevant to the issue of qualified immunity.”

United States v. Huston

28 F.2d 451 · District Court, N.D. Ohio · Jun 26, 1928

Rush was qualified to conduct evidence before our grand jury, it is because of the inclusion in these commissions of this phrase. What does it mean? … No necessity exists to discuss whether his authorization was sufficient, for clearly the proceedings before the grand jury were vitiated by the unauthorized appearance therein by Mr. Rush.

Ward v. City of East Cleveland

District Court, N.D. Ohio · Apr 5, 2023

Defendants’ Motion argues that they are entitled to qualified immunity. (ECF No. 3). … The Sixth Circuit urges district courts deciding a motion to dismiss to consider qualified immunity by determining whether the plaintiff’s complaint adequately alleges the commission of acts that violated clearly established

Kouider v. Parma City School District

District Court, N.D. Ohio · Aug 19, 2020

’s qualified immunity argument. … Under the doctrine of qualified immunity, government officials are not liable for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Rife v. Houser

District Court, N.D. Ohio · Mar 15, 2022

Defendants invoke qualified immunity in their Motion. (Doc. 19, at 1). … The defense of qualified immunity shields government officials performing discretionary functions where their “conduct does not violate clearly established statutory or constitutional rights which a reasonable person would

Speck v. Agrex, Inc.

888 F. Supp. 2d 867 · District Court, N.D. Ohio · Aug 30, 2012

Agrex disputes the last two factors — whether Plaintiff was qualified and replaced. *878 Plaintiff was qualified For Plaintiff to show he was qualified for his position, he must prove “he was performing his job at a level … Clearly, Asami’s employment was not “nearly identical” to Plaintiff.