Case law

Jackson v. Cuyahoga County

District Court, N.D. Ohio · Sep 30, 2024

Additionally, Defendant Pritchett asserts he is entitled to qualified immunity. (Id. at PageID #2243). … Defendant Pritchett raises a claim for qualified immunity, so the Court engages in a two- step analysis to determine whether qualified immunity applies: “1) viewing the facts in the light most favorable to the plaintiff,

Eaton v. City of Solon

598 F. Supp. 1505 · District Court, N.D. Ohio · Dec 13, 1984

It makes no reference to immunities. It does not establish a priority between various constitutional rights, such as liberty or property under the Due Process Clause. … Some have broadly expanded the scope of immunities, both absolute and qualified. Some have dramatically limited what actions will be characterized as violations of constitutional rights.

Smith v. Ohio Department of Rehabilitation and Correction

District Court, N.D. Ohio · Sep 29, 2022

Qualified immunity protects government officials from liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The law that authorizes suits under qualified immunity is well established and involves a two-prong test.

Massey v. Akron City Board of Education

82 F. Supp. 2d 735 · District Court, N.D. Ohio · Jan 19, 2000

Also, Defendant Bennett was clearly acting “under color of law” when he violated plaintiffs’ guarantees of due process in this regard. … The Defendant Akron Board of Education says this general immunity .is subject only to the five exceptions to immunity listed in O.R.C. § 2744.02(B). See Cater v.

Monzalvo Lazcano v. Morrow

District Court, N.D. Ohio · Aug 17, 2020

To determine whether an officer is entitled to qualified immunity, courts “apply a well-established two-prong test: (1) whether the facts, when taken in the light most favorable to the party asserting the injury … “Once a defendant invokes qualified immunity, the plaintiff bears the burden to show that qualified immunity is inappropriate.” Quigley v. Tuong Vinh Thai, 707 F.3d 675, 681 (6th Cir. 2013).

Temethy

District Court, N.D. Ohio · Nov 20, 2025

In other words, “a judgment must be ‘dead wrong’ to qualify as being clearly erroneous.” Id. (quoting H & A Land Corp. v. City of Kennedale, No. 4:02-cv-458, 2005 U.S. Dist. LEXIS 25797, at *5–6 (N.D. Tex. … As such, Plaintiff has not established any error of law, let alone a clear one.

Smith v. Board of Trustees Lakeland Community College

746 F. Supp. 2d 877 · District Court, N.D. Ohio · Sep 28, 2010

It is well-established in the Sixth Circuit that an individual employee or supervisor who does not otherwise qualify as an employer cannot be held personally or individually liable under Title VII. Johnson v. … As Defendants correctly point out, there are no allegations in the Amended Complaint from which Defendants could assess whether "they are entitled to a qualified immunity or privilege regarding the publication of the alleged

Aulizio

District Court, N.D. Ohio · Aug 18, 2026

Whitehouse asserts qualified immunity. … “The doctrine of qualified immunity provides that ‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established

Benedict v. United States

634 F. Supp. 123 · District Court, N.D. Ohio · Apr 2, 1986

This case is one of the many “swine flu” cases filed throughout the country following the mass immunization program undertaken by the United States government in 1976. … The record in this case clearly demonstrates that plaintiffs have failed to establish by a preponderance of the evidence that the swine flu inoculation directly and proximately caused plaintiff Virginia Benedict’s GBS.

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

DeGidio v. Centocor Ortho Biotech, Inc.

3 F. Supp. 3d 674 · District Court, N.D. Ohio · Mar 11, 2014

I first ask whether the witness is qualified to give an opinion on the matter at hand. … Although “[n]o requirement exists that a party must offer epidemiologic evidence to establish causation,” an expert who “does not rely on th[at] primary methodology for establishing causation [has the burden] to explain his

Petre v. Norfolk Southern Railway Co.

458 F. Supp. 2d 518 · District Court, N.D. Ohio · Oct 13, 2006

if immunity is applicable to the cause of action (R.C. § 2744.02(A)(1)), then determine if there are any exceptions to that immunity (R.C. § 2744.02(B)), and if excepted, whether the “immunity can be reinstated if the [township … Once immunity is established, the court must consider whether any of the exceptions to immunity exist under subsection (B), which contains five exceptions to the immunity created in the statute. R.C. § 2744.02(B).

Howard v. Summit County Welfare Department

525 F. Supp. 1084 · District Court, N.D. Ohio · Nov 4, 1981

Plaintiff’s Prima Facie Case To establish a prima facie case of racial discrimination the plaintiff must establish “(i) that he belongs to a racial minority, (ii) that he applied for and was qualified for a job for which … Howard was qualified for the position.

Settles v. City of Garfield Heights

District Court, N.D. Ohio · Sep 29, 2020

Officers Malak and Pitts further assert that they are entitled to qualified immunity from Plaintiffs claim because there is no clearly established right to be free from a viable counterclaim filed by government officials … Officer Malak and Pitts also seek qualified immunity from Plaintiffs First Amendment -4.

Akron Board v. State Board

56 F.R.D. 385 · District Court, N.D. Ohio · Sep 1, 1972

As was indicated above, they do not qualify as persons. … Mellon established a logical link between his status and the type of legislative enact *389 ment attacked and established a nexus between his status as a taxpayer and the fact that tiie challenged law “exceeds the specific

Rodrigues v. City of Campbell

District Court, N.D. Ohio · Jul 11, 2025

Qualified Immunity and Statutory Immunity Defendants argue, at a high level, that Phillips and Kelly are entitled to immunity against Rodrigues’s Section 1983 claims, but do not identify the claims … of a qualified immunity analysis); McClure v.

Henderson v. Cook

District Court, N.D. Ohio · Sep 30, 2024

,” and because counsel failed to request “proper jury instructions on teacher qualified justifiable immunity alleging ‘in loco parentis’ status.” … Henderson provides no support for the proposition that there is “teacher qualified justifiable immunity alleging ‘in loco parentis’ status,” (Doc.

Besser v. Ady

District Court, N.D. Ohio · Mar 20, 2025

“Qualified immunity shields an officer from liability ‘insofar as his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” Stewart v. … The qualified immunity analysis has two steps: “(1) whether the public official’s conduct violated a constitutional right, and (2) whether that right was clearly established at the time of the events.” Id.

Bailey v. Kelley

372 F. Supp. 449 · District Court, N.D. Ohio · Jan 22, 1974

It lias also been argued that the doctrine of sovereign immunity bars this action as against the District Director of Internal Revenue. … On that basis, the Court does not believe the immunity defense is of substance in this case.

Fort

District Court, N.D. Ohio · Mar 30, 2026

Qualified immunity shields government officials performing discretionary functions from civil liability unless their conduct violates a constitutional right that was clearly established at the time of the alleged misconduct … Because Fort has failed to establish the Defendants violated his constitutional rights, Weirich and Buck are entitled to qualified immunity, and I need not address whether the law clearly established Fort’s alleged constitutional