Case law

Paul v. Jackson

District Court, N.D. Ohio · Oct 4, 2023

Finally, Defendant asserts that she is entitled to qualified immunity. Plaintiff opposed the Motion to Dismiss (Doc. No. 7). … To establish a prima facie case under 42 U.S.C. § 1983, Plaintiff must assert that a person acting under color of state law deprived him of rights, privileges, or immunities secured by the Constitution or laws of the United

Buck v. Ford Motor Co.

810 F. Supp. 2d 815 · District Court, N.D. Ohio · Aug 30, 2011

Ford urges the court to exclude all of these experts’ opinions, arguing that they are not qualified to offer their opinions, they rely on evidence that is insufficient as a matter of law to establish causation, and their … Berg is qualified to make this assessment.

Keller v. Graphic Systems of Akron, Inc., Employees Profitsharing Plan

422 F. Supp. 1005 · District Court, N.D. Ohio · Nov 10, 1976

. § 1002 (3) and is qualified under 26 U.S.C. § 401 (a). … The forfeiture provision of the Plan is supported by reasonable business justifications which clearly outweigh any potential harm to plaintiff.

Commercial Travelers' Life & Accident Ass'n v. Rodway

235 F. 370 · District Court, N.D. Ohio · Dec 3, 1913

in the proviso which is now quoted, it is clearly subject to tax. … By the General Code of Ohio, under which the plaintiff is organized, it appears that it cannot claim the privileges and immunities of a fraternal beneficiary society.

Lacy v. Yost

District Court, N.D. Ohio · Mar 25, 2021

To establish a violation under § 1983, a plaintiff must show that a person acting under color of state law deprived him or her of rights, privileges, or immunities secured by the Constitution or laws of the United States … It is well established that judicial officers are immune from civil suits for money damages.19 This immunity applies even if the action at issue was performed in error, done maliciously, or was in excess of the judge’s

National Football League v. Rondor, Inc.

840 F. Supp. 1160 · District Court, N.D. Ohio · Dec 30, 1993

When plaintiffs were alerted to that possibility, they immediately sent warning letters to all suspected establishments clearly stating that plaintiffs viewed as infringing reception “use of a satellite dish, special antenna … They have clearly established through testimony that the equipment they used to receive the blacked-out games is of a kind commonly available for use in private homes.

Szarell v. McGlaughlin

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

“Tt is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.” Foster v. … Szarell’s allegations against Judge McGlaughlin clearly pertain to conduct occurring during the performance of the Judge’s official judicial functions in connection with a state case involving Szarell in Summit County.

The Crossroads Group, LLC, et al. v. City of Cleveland Heights, Ohio, et al.

District Court, N.D. Ohio · Jan 29, 2026

Strigle, who do not directly own property in Cleveland Heights and did not directly pay the fee, and whether the individual Defendants might be entitled to qualified immunity. (Id., PageID #779 & #802–03.) … The cases on which the Sixth Circuit drew for this proposition in its qualified immunity analysis show that a violation of municipal or State law does not equate to a constitutional violation.

Swaney v. Marino

District Court, N.D. Ohio · Feb 9, 2022

Plaintiff did not respond to Defendant’s request for admissions.18 By not responding to the requests within 30 days, Plaintiff established the truth of certain facts for purposes of this case.19 Among other admissions … Qualified Immunity Even if Plaintiff had offered sufficient evidence in support of his allegations, qualified immunity would apply to the police officers’ conduct.

Guy v. Central Locating Service, Ltd.

389 F. Supp. 2d 843 · District Court, N.D. Ohio · Sep 27, 2005

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), requires a plaintiff to first establish a prima facie case of discrimination by showing that: 1) he is a member of a protected class; 2) he was qualified for the … Though these incidents are clearly based on race and are certainly “distasteful and boorish,” see Clark v.

Davis v. Hubbard

506 F. Supp. 915 · District Court, N.D. Ohio · Sep 16, 1980

Visitation and Reintegration The importance of family and community ties to an effective treatment program and community reintegration is clearly established by the record. … The practices at LSH are also clearly violative of Revised Code § 5122.28. 39 .

Rhodes v. United States

443 F. Supp. 2d 893 · District Court, N.D. Ohio · Aug 2, 2006

In response, the government argues that the Petitioner’s past conviction for escape qualifies as a crime of violence. … Trial *904 counsel’s tactical decisions are not completely immune from Sixth Amendment review, but they must be particularly egregious before they will provide a basis for relief. Martin v.

Mather v. Coe

92 F. 333 · District Court, N.D. Ohio · Feb 27, 1899

It does not seem to have prescribed any form for a creditors’ petition against a partnership, but clearly intends that the form No. 3 shall be used for that purpose, by filling in the skeleton blanks to meet the case of a … It being established by the proof that any one of the alleged acts of bankruptcy mentioned in the petition has been committed by the defendants, it is not necessary to consider any others as alleged or established by the

INTERNATIONAL ASS'N OF M. & AW v. Garwood Indus., Inc.

368 F. Supp. 357 · District Court, N.D. Ohio · Dec 13, 1973

The plan contains an order of precedence in the payment of benefits, initially established in the third supplemental agreement. … That interpretation is a reasonable one in view of the fact that the plan contains a provision clearly designed to cover the complementary possibility. That section reads as follows: Art.

United States v. Toledo Newspaper Co.

220 F. 458 · District Court, N.D. Ohio · Jan 23, 1915

C.) 120 Fed. 130, 137, 138, 139 , put the matter very clearly in discussing the act of 1831. … We doubt whether he who sells a facile pen to a corporation that the latter, from the prostitution of his ability, may prosper through exciting prejudices against the country’s institutions, is qualified to cavil on this

West Side Women's Services, Inc. v. City of Cleveland

573 F. Supp. 504 · District Court, N.D. Ohio · Oct 21, 1983

The law in this Circuit is that municipal legislators do not enjoy absolute immunity from liability under the Civil Rights Act, but rather, only a qualified immunity. Nelson v. Knox, 256 F.2d 312, 314-15 (6th Cir.1958). … First, WSWS clearly would have been denied a license since the ordinance, by its terms, prohibits the establishment of any abortion facility in local retail districts.

United States v. Damrah

334 F. Supp. 2d 967 · District Court, N.D. Ohio · Sep 13, 2004

Evidence submitted to the jury also established that Damrah had solicited donations at PIJ/ICP fund-raisers in the past, 13 and that Dr. … Affiliation or lack of affiliation in the Communist Party may be established by direct as well as circumstantial evidence.

Kleinser v. Bay Park Community Hospital

793 F. Supp. 2d 1039 · District Court, N.D. Ohio · Jun 23, 2011

The Act establishes no minimum standards governing management of a light-duty program. … Plaintiff argues the language of the statute clearly requires her reappointment to a light-duty position.

Trabon Engineering Co. v. Eaton Manufacturing Co.

37 F.R.D. 51 · District Court, N.D. Ohio · Dec 9, 1964

The case further held that a corporate defendant was not immune from the discovery process of the Federal Rules of Civil Procedure ; thus the fact a penalty is sought does not protect defendant from discovery. … In patent cases, however, the Court can think of no one more qualified than the inventors to express opinion as to what constitutes theft of their inventiveness.

Robinson v. Cuyahoga County Court of Common Pleas

District Court, N.D. Ohio · Jun 12, 2025

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. … It is well established that judicial officers are generally entitled to absolute immunity from civil suits for money damages. Mireles v. Waco, 502 U.S. 9, 9, 112 S. Ct. 286, 116 L. Ed. 2d 9 (1991); Barnes v.