Case law

DETTLING v. Adams

575 F. Supp. 2d 842 · District Court, N.D. Ohio · Jul 8, 2008

Ohio has waived its employees’ immunity for suits filed in the Court of Claims. 0.R.C. § 2743.02(A)(1). … Of Mental Retardation and Development Disabilities, 825 F.2d 946, 954 (6th Cir.1987). 1 The Court of Claims, however, may allow a plaintiff to proceed in another court if it determines that the act or omission was clearly

N.H. v. Soisson

District Court, N.D. Ohio · Jul 26, 2023

Qualified Immunity Standard Officer Soisson raised a qualified immunity defense. … “Qualified immunity protects state officers against section 1983 claims unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time

F. Buddie Contracting, Ltd. v. Cuyahoga Community College District

31 F. Supp. 2d 571 · District Court, N.D. Ohio · Oct 21, 1998

immunity grounds. … The FBE set-aside program clearly prevents Plaintiff from competing on equal footing.

Howe v. Brown

319 F. Supp. 862 · District Court, N.D. Ohio · Nov 18, 1970

There can be no doubt either of the historic function of the States to establish, on a nondiscriminatory basis, and in accordance with the Constitution, other qualifications for the exercise of the franchise.” … This activity clearly has constitutional overtones, and it is appropriate that it be examined under a standard requiring exacting scrutiny.

McQuain v. Ebner Furnaces, Inc.

55 F. Supp. 2d 763 · District Court, N.D. Ohio · Jun 17, 1999

Plaintiff argues that Defendant must establish that reinstating Plaintiff to his prior position of installation clerk is an undue hardship. … When a plaintiff does not have direct evidence, she can establish her case indirectly by first establishing a prima facie case that: (1) she is disabled; (2) she is otherwise qualified for the position, with or without reasonable

Dunn v. Pietraszkiewicz

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

But the judge has absolute immunity, such that the Court need not determine whether qualified immunity also bars Plaintiff’s claims. I.B.2. … established constitutional right.”

Ragozzine v. Youngstown State University

2 F. Supp. 3d 1051 · District Court, N.D. Ohio · Feb 24, 2014

Moreover, because Ragozzine has failed to show he suffered a violation of a constitutionally protected right, Giorgetti and Anderson *1074 are entitled to qualified immunity. See Higgason v. … Stephens, 288 F.3d 868, 876 (6th Cir.2002) (a plaintiff cannot overcome the defense of qualified immunity when he fails to show a constitutional violation). IV.

Tomas-Pedro v. Holden

District Court, N.D. Ohio · Sep 15, 2021

In such cases, 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 … Once the defendant has raised the defense of qualified immunity, it is the plaintiff’s burden to show that the defendant is not entitled to such immunity. Everson v.

Nagel v. Cloverleaf Local School District Board of Education

District Court, N.D. Ohio · Sep 9, 2024

Ohio Revised Code § 2744.02(A)(1) establishes a general rule of immunity for political subdivisions, with exceptions outlined in O.R.C. § 2744.02(B). … The pleadings are sufficient to establish that J.N. is a qualified person with a disability.

Carey v. Mannella

District Court, N.D. Ohio · Jan 7, 2022

They also repeat the arguments raised in their reply relative to the proper focus of the Court’s review of the underlying summary judgment motion and the question of qualified immunity. (See generally Doc. … Fries’ report on summary judgment and, particularly, on the issue of qualified immunity.

Babcock & Wilcox Co. v. Rumsfeld

70 F.R.D. 595 · District Court, N.D. Ohio · Mar 3, 1976

Included in said argument is the contention that this action is barred by the well established doctrine of sovereign immunity. … The Court is fully cognizant of the well established rule requiring narrow construction of criminal statutes.

Moorer v. Copley Township

98 F. Supp. 2d 838 · District Court, N.D. Ohio · Feb 25, 2000

Plaintiff expresses his personal belief that he is better qualified and then invites the public to choose between his credibility and that of the Police Chief. … Because the foregoing provisions of this opinion are dispositive, the Court declines to . examine the issue of qualified immunity for the individual Defendants.

Dorricott v. Fairhill Center for Aging

2 F. Supp. 2d 982 · District Court, N.D. Ohio · Apr 21, 1998

Newman-Jones was consistent with established company policy governing these types of complaints. Lt. … The court went on to say: [t]he defense of qualified privilege is deeply rooted in public policy.

Priah v. United States

590 F. Supp. 2d 920 · District Court, N.D. Ohio · Jan 27, 2009

However, Defendant argues the body of the Report clearly recommends granting Defendant’s Motion on all claims. … available to its employee or to the government, including state law immunities. 103 In addition, Ohio statute specifically grants state law immunity from liability in civil actions for personal injury or wrongful death to

Conway v. INTERNATIONAL ASS'N OF INSUL. & ASBES.

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.

Rosania v. Taco Bell of America, Inc.

303 F. Supp. 2d 878 · District Court, N.D. Ohio · Feb 23, 2004

“If the statutory language is unambiguous, in the absence of a ‘clearly expressed legislative intent to the contrary, that language must be regarded as conclusive.’ ” Russello v. … Though finding an absolute privilege too broad, the Steffes court affirmed dismissal of the plaintiffs retaliation claim, recognizing a qualified litigation privilege, stating “it will be the rare case in which conduct within

McDonald Welding & Machine Co. v. Lehman

648 F. Supp. 1338 · District Court, N.D. Ohio · Nov 26, 1986

The amendment to the solicitation also established three lots. Lots I and II represented the unrestricted requirement for 487 MFV units. … This would be clearly detrimental to the public interest.” Justification and Approval at ¶ 9, pp. 4-5.

Boyd

District Court, N.D. Ohio · Apr 24, 2026

immunity. … Plaintiff argues that his false arrest of criminal damaging absent probable cause justifies denial of qualified immunity to Duman and imposition of Monell liability against Summa Health.

Cottrill v. Ohio Civil Service Employees Ass'n

665 F. Supp. 525 · District Court, N.D. Ohio · Jul 7, 1987

Defendants again raise their eleventh amendment immunity in their request for summary judgment. … To establish a claim under section 1983, there are two jurisdictional prerequisites.

Pension Benefit Guaranty Corp. v. Artra Group, Inc.

768 F. Supp. 248 · District Court, N.D. Ohio · Jul 31, 1991

. § 1302 (a) to administer the pension plan termination insurance program established under Title IV of ERISA. … Congress clearly intended for the Secretary of the Treasury’s determinations of qualification under section 401(a) to be a route to Title IV coverage. See 29 U.S.C. § 1321 (a)(2).