Case law

Oko v. City of Cleveland

District Court, N.D. Ohio · Jul 7, 2023

would establish that each officer’s actions violate a clearly established constitutional right.”8 (Doc. … However, “[p]olice officers are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiff’s clearly established constitutional rights.” Mullins v.

Smith v. Stark Trucking, Inc.

53 F. Supp. 826 · District Court, N.D. Ohio · Feb 12, 1943

It is clear that no such proof may be made fairly to insure the protection of his interests in his absence, or in the absence of one duly designated by him and properly qualified to offer such proof. … It clearly follows that judgments may be rendered only in favor of the plaintiffs in this suit or those other employees who become parties to the action by intervening, or by having the record show either that the plaintiffs

Taverns for Tots, Inc. v. City of Toledo

307 F. Supp. 2d 933 · District Court, N.D. Ohio · Mar 1, 2004

kept at the establishment. … Microsoft, a clearly legitimate business enterprise, cannot violate the law, even though it otherwise is entitled to retain its status as a valid corporation, see, e.g., United States v.

Dawson v. City of Kent

682 F. Supp. 920 · District Court, N.D. Ohio · Mar 28, 1988

To establish a claim under section 1983, there are two jurisdictional prerequisites. … Clearly, it would have happened anyway at one point or another.

Simmons-Harris v. Zelman

54 F. Supp. 2d 725 · District Court, N.D. Ohio · Aug 25, 1999

It is now clearly established that not every law which confers a benefit on a religious institution violates the Constitution. … To qualify for reimbursement for this program, a parent had to have an annual taxable income of less than $5,000.

Sweet v. General Tire & Rubber Co.

74 F.R.D. 333 · District Court, N.D. Ohio · May 27, 1976

Clearly each individual member of the class has a unique situation and has been affected in diverse ways by the alleged discriminatory policy. … This Court finds the plaintiffs qualify under Rule 23(b)(2) and therefore does not reach the question of whether they qualify under Rule 23(b)(3). *336 Rule 23(b)(2) 6 requires the plaintiffs to show: 1) that the class as

Darago v. Live Nation Entertainment, Inc.

District Court, N.D. Ohio · Aug 16, 2021

Apr. 17, 2008) (noting that “[t]he Supreme Court of Ohio has clearly stated that, for purposes of [§] 4123.74, workers’ compensation immunity, an individual may under certain circumstances be considered the employee … of more than one employer qualifying for immunity”) (citing, among authority, Stanadyne, Inc. v.

Bank Creditors Group v. Hamill (In Re White Motor Credit Corp.)

27 B.R. 554 · District Court, N.D. Ohio · Nov 24, 1982

erroneous. 1 The standard of review set forth in Rule 810 is firmly established in the Sixth Circuit. … Section 1102’s qualifying language “of the kinds represented on such committee” should not be overlooked.

Hicks v. Bryan Medical Group, Inc.

287 F. Supp. 2d 795 · District Court, N.D. Ohio · Apr 21, 2003

According to Hicks, the Hospital altered his privileges application to make it appear that he had indicated he was qualified to do work he was not qualified to do. … Thus, Hicks has established the first element of this claim.

Harris v. Kamp

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

To state a § 1983 claim against these government officials, Plaintiff Harris must plead that they violated “clearly established statutory or constitutional rights of which a reasonable person would have known.”22 Qualified … immunity protects the correctional officers from liability unless (1) they violated a constitutional right, and (2) “the right was ‘clearly established’ at the time of the events.”23 To determine whether a plaintiff

Peroli v. Huber

District Court, N.D. Ohio · May 12, 2020

Peroli and that this conduct is shielded by absolute immunity under established Supreme Court and Sixth Circuit precedent. (Id. at p. 2.) … In that case, the Supreme Court noted that “[w]here the functions of prosecutors and detectives are the same, as they were here, the immunity that protects them [i.e., qualified immunity] is also the same.”

East Side News, Inc. v. City of Geneva, Ohio

538 F. Supp. 484 · District Court, N.D. Ohio · Dec 15, 1981

This is an action brought by East Side News, Inc. against the City of Geneva, Ohio, and certain of its officials seeking to redress the deprivation, under color of state law, of certain rights, privileges and immunities secured … II Ordinance No. 1938 is not directed, eo nomine, towards adult establishments such as plaintiff’s bookstore.

Ulmer v. Dana Corp.

200 F. Supp. 2d 804 · District Court, N.D. Ohio · May 2, 2002

Ulmer applied for and was qualified for the position to which he was not promoted; (3) Mr. … Ulmer cannot demonstrate that he was not qualified.

Bosley v. WildWett. Com

310 F. Supp. 2d 914 · District Court, N.D. Ohio · Mar 31, 2004

If the purposes is ‘informative or cultural’ the use is immune; ‘if it serves no such function but merely exploits the individual portrayed, immunity will not be granted.’ ”) (quoting Felcher and Ruben, Privacy, Publicity … Furthermore, it is not necessary to establish that Defendants actually intended to use an image or likeness of Plaintiff in a promotional manner to establish a violation of Plaintiffs right to publicity.

O'Donnell v. Yezzo

District Court, N.D. Ohio · Dec 6, 2019

Waiver of Qualified Immunity Objections to Discovery Defendants claim that “there is insufficient factual evidence to support a Monell claim or to overcome White’s entitlement to qualified immunity.” … Because White did not raise a qualified immunity defense in a Rule 12(b) motion, however, I find that he has “waive[d] the right to avoid discovery” or seek to limit its scope on qualified immunity grounds (though he

LaMarca v. United States

34 F. Supp. 3d 784 · District Court, N.D. Ohio · Jul 22, 2014

Federal Tort Claims Act Pursuant to the doctrine of sovereign immunity, the United States is immune from suit unless it consents to be sued. Jackson v. United States, 751 F.3d 712 (6th Cir.2014). … It is LaMarca’s burden to establish subject matter jurisdiction. To carry that burden in this case, LaMarca must establish that the DOE received his administrative claim.

Skillman Family Reunion Fund, Inc. v. United States

196 F. Supp. 2d 543 · District Court, N.D. Ohio · Mar 29, 2002

This amount should be larger than the $2,500 or alternatively "not more than five-percent” of the benchmark previously established. … Second, the "double taxation principle” complained of by Plaintiff is recurrent throughout the tax code and was a result clearly endorsed by the drafters of the amendment. See S. Rep. No. 94-1318.

TAVERNS FOR TOTS v. City of Toledo

299 F. Supp. 2d 785 · District Court, N.D. Ohio · Jan 27, 2004

has qualified for an exemption from the Act’s requirements. … The public interest clearly favors granting the restraining order.

Doe v. City of Mansfield

District Court, N.D. Ohio · Dec 27, 2021

Qualified Immunity Mr. Remy argues that he is entitled to qualified immunity on Plaintiff’s individual capacity claim against him. … Qualified immunity shields law enforcement officers and public officials against suit where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable official would be

United States v. Rogers

558 F. Supp. 2d 774 · District Court, N.D. Ohio · Mar 21, 2008

Furthermore, it is well-established that a debtor’s interest in an ERISA qualified pension plan is not included within the bankruptcy estate. See Patterson v. … BAP 2002) (“By definition, monies within an ERISA-qualified trust fall within the exception established *786 in [BC] § 541(c)”); In re Yuhas, 104 F.3d 612, 614 (3d Cir.1997) (Under Patterson , a debtor’s interest in an ERISA-qualified