Case law

Jones v. Motel 6 Operating L.P.

District Court, N.D. Ohio · Jul 13, 2020

The principle enunciated in Bumper, supra, was “clearly established” well before January 3, 2017. Thus, under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), if the jury finds that Ms. Green did not consent, Det. … Brotherton’s qualified immunity is also for the jury to decide. In the meantime, he is not entitled to summary judgment. iii.

City of Cleveland v. Cleveland Electric Illuminating Co.

538 F. Supp. 1257 · District Court, N.D. Ohio · Sep 3, 1981

Simply stated, the Court does not share the City’s belief that Gerber will be asked to opine that defendant CEI, as a regulated public utility, is immune from antitrust liability. … UNDERLYING THEORY As alluded to hereinabove, the NoerrPennington doctrine rests primarily upon two firmly established precepts of law.

Nottke v. Norfolk Southern Railway Co.

264 F. Supp. 3d 859 · District Court, N.D. Ohio · Sep 6, 2017

Consequently, to establish a nuisance in these situations, a plaintiff must prove negligence by those who have a duty to maintain the areas. Absolute nuisance, on the other hand, does not require proof of negligence. … Because the continued operation of those retarders is, according to the complaint, clearly in Norfolk Southern’s control, the plaintiffs’ claim is one for continuing nuisance, and damages for property-value diminution are

Botnick v. Zimmer, Inc.

484 F. Supp. 2d 715 · District Court, N.D. Ohio · Feb 27, 2007

Sissom, a mechanical engineer allegedly qualified to submit expert testimony only on the Device itself, is also qualified to offer medical causation opinions in this matter. (Docket 80., p. 3). … Leb’s opinions as those of an expert on medical causation clearly exceeds the scope of his testimony. See Harville v.

Khatri v. Ohio State University

District Court, N.D. Ohio · Feb 12, 2021

immunity. … Although qualified immunity is an affirmative defense, the issue may be resolved through Federal Rule of Civil Procedure 12(b)(6) motion practice when “the complaint establishes the defense.” Siefert v.

Almendares v. Palmer

284 F. Supp. 2d 799 · District Court, N.D. Ohio · Jul 23, 2003

Additionally, as I explained in my previous order, regulations cannot be used as a basis for creating a private cause of action unless there is a statute that establishes such a right. … County defendants argue they are immune under the Eleventh Amendment because they are an “arm of the state.” Doc. 121 at 5-6. 8 .

Acklin v. People's Sav. Ass'n

293 F. 392 · District Court, N.D. Ohio · Aug 23, 1923

The evidence furnished in this case clearly indicates a policy to require subscription to only a nominal amount of stock by persons borrowing funds. … It has been the long-established practice of the association to loan to persons who have purchased but one share of loan stock in order to qualify as a member of the association.

McGee v. City of Warrensville Heights

16 F. Supp. 2d 837 · District Court, N.D. Ohio · Jul 30, 1998

Kalavsky, the former police chief, and Raymond Grabow, the former mayor, claim they are entitled to qualified immunity. 2 Finding that plaintiffs do not sufficiently allege violation of the Voting Rights Act, RICO, or a violation … of constitutional right, the Court need not reach the issue of qualified immunity. 3 I.

PORTENTOSO v. Kern

532 F. Supp. 2d 920 · District Court, N.D. Ohio · Jan 24, 2008

The relevant portion of O.R.C. § 2743.02 [Waiver of immunity of state; personal immunity not available to state; state immunity for performance of public duty; hospitals of political subdivisions; collateral recovery; indemnification … 952 (6th Cir.1987) ("In providing that an election to sue the state in the Court of Claims results in a complete waiver of any cognate cause of action against individual state officers of employees, the Ohio legislature clearly

Mazzola v. Togliatti

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

Qualified Immunity Defendants Togliatti, Kilbane, and O’Brien each argue that they are entitled to summary judgment based on 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

Hogan v. City of Parma, Ohio

District Court, N.D. Ohio · Jun 17, 2021

Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.” Ashcroft v. al-Kidd, 563 U.S. 731, 743 (2011). … the allegations give rise to a constitutional violation; and (2) we assess whether the right was clearly established at the time of the incident.

Fink v. Chao

395 F. Supp. 2d 625 · District Court, N.D. Ohio · Sep 22, 2005

In Chevron, the United States Supreme Court established a two-step process to use in reviewing an agency's interpretation of a statute it administers. Id. … Prior DOL decisions regarding benefits under the Act do not establish precedent that DOL or a federal court is obligated to follow.

Harris v. E.F. Hauserman Co.

575 F. Supp. 749 · District Court, N.D. Ohio · Dec 20, 1983

By designating a uniform limitations period for all suits in every state, the decision also comports with efforts to establish a national federal labor policy. C. … Harris qualifies the most critical portion of his affidavit, (specifying the date of the Union’s final decision), with the unsettling phrase “to the best of his knowledge”.

Puckett v. U.S. Department of Treasury

District Court, N.D. Ohio · Jun 22, 2021

A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Plaintiff, therefore, must point to some statute waiving sovereign immunity for the type of suit he is attempting to bring.

McPherson v. Cuyahoga County

District Court, N.D. Ohio · Jul 8, 2021

Qualified immunity protects public officials against lawsuits for civil damages where their conduct does not violate the plaintiff’s clearly established constitutional rights. Martin v. … “To survive the motion to dismiss on qualified-immunity grounds, the plaintiff must allege facts that plausibly make out a claim that the defendant’s conduct violated a constitutional right that was clearly established

Wiertella v. Lake County, Ohio

District Court, N.D. Ohio · Mar 26, 2024

“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 … As a final point, Plaintiff must do more than simply apply Farmer to overcome the second prong of qualified immunity: Clearly established law may not be defined at such a high level

Kauffman v. Kent State University

815 F. Supp. 1077 · District Court, N.D. Ohio · Feb 17, 1993

The defendants are clearly agents. Consequently, the question is whether they are agents of a “person”. … Metham, who received the promotion “was the best ... qualified employee for the Office Manager Position.”

Moore

District Court, N.D. Ohio · Dec 17, 2025

He states: “Priscilla Clark manager of USPS used a retired safety manager name on a test document to fail me on a web based test so I could not receive job as a tractor trailer driver and the person that gave was not qualified … A claim lacks an arguable basis in law or fact when it is premised on an indisputably meritless legal theory or when the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

Houle v. Marion Police Department

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

Qualified Immunity, Immunity under O.R.C. … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Bloomfield v. Whirlpool Corp.

984 F. Supp. 2d 771 · District Court, N.D. Ohio · Nov 27, 2013

In order to recover under the ADA, Bloomfield must establish she has a disability, she otherwise is qualified to perform her job duties, and she was terminated on the basis of her disability. Hedrick v. W. … Bloomfield may establish her prima facie case by establishing the following: (1) she is an individual with a disability; (2) she otherwise is qualified to perform her job duties, with or without reasonable accommodation;