Case law

United States v. Goodrum

584 F. Supp. 2d 1026 · District Court, N.D. Ohio · Nov 5, 2008

This petition is clearly barred by the statute of limitations applicable to § 2255. Second, even if the alteration of the PSI could be construed as “new evidence” which Mr. … because the government had filed a notice of enhancement” on the basis of qualifying convictions).

Lockhart v. Jarrett

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

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. … absolutely immune from suit for damages.

Reo v. Lindstedt

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

Immunity applies unless the state has consented or Congress has clearly expressed the intent to abrogate immunity. Latham v. Office of Atty. Gen. of State of Ohio, 395 F.3d 261, 270 (6th Cir. 2005). … However, Congress did not clearly abrogate Eleventh Amendment immunity by enacting 42 U.S.C. § 1983. Quern v. Jordan, 440 U.S. 332, 340–41 (1979).

Teter v. Baumgart

District Court, N.D. Ohio · Aug 15, 2022

Legislative history cannot supply a waiver that is not clearly evident from the language of the statute. … … What we thus require is that the scope of Congress’ waiver be clearly discernable from the statutory text in light of traditional interpretive tools.

Bushner v. McConahay

District Court, N.D. Ohio · Mar 21, 2024

Finally, qualified immunity “turns on the ‘objective legal reasonableness of the action, assessed in light of the legal rules that were clearly established at the time it was taken.’” Pearson v. … Plaintiff does not allege the violation of a clearly established constitutional right.

Taverns for Tots, Inc. v. City of Toledo

320 F. Supp. 2d 643 · District Court, N.D. Ohio · Jun 14, 2004

argued that plaintiffs charitable purpose — to raise money for needy children — was secondary to that primary goal of avoiding compliance with the anti-smoking ordinance; thus, the City contended, Taverns for Tots could not qualify … Engler, 146 F.3d 367, 374 (6th Cir.1998) (“Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence.”) (citations omitted).

Katsigianis v. Mahoning County Municipal Corporation

District Court, N.D. Ohio · Mar 28, 2025

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 (1991); Barnes v. … Plaintiff has therefore not established that Judge Dellick and Magistrate Fabrizi acted clearly outside of the subject matter jurisdiction of the court over which they preside.

Reynolds v. Falls Stamping & Welding Co.

District Court, N.D. Ohio · Mar 11, 2020

screen all in forma pauperis actions and to dismiss before service any such action that is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief from a defendant who is immune … ; (2) suffered an adverse employment action; (3) was qualified for the position; and (4) a similarly-situated person outside of the protected class was treated more favorably than he was.

Jones

District Court, N.D. Ohio · Mar 19, 2026

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. … Nor is there any suggestion that the judicial officers acted clearly outside of the subject matter jurisdiction of the court over which they preside.

Kuligowski

District Court, N.D. Ohio · Sep 14, 2026

Plaintiff has clearly presented such a theory here in his summary judgment opposition brief and thus it is properly before the Court. … App’x 288, 300 (6th Cir. 2014) (finding no waiver occurred where a state entity raised the immunity defense in its answer to the complaint, but did not file a Rule 12(b)(1) motion to dismiss on sovereign immunity grounds

Pfahler v. National Latex Co.

405 F. Supp. 2d 839 · District Court, N.D. Ohio · Jul 8, 2005

Co., 186 F.Supp.2d 438, 446 (S.D.N.Y.2002) (holding that plaintiffs claim to recover damages caused by her reliance on defendant’s alleged misstatements are compensatory damages which do not qualify as equitable relief). … Although the United States Supreme Court has noted that "given [ERISA's objectives] it *850 is hard to imagine why Congress would want to immunize breaches of fiduciary duty that harm individuals by denying injured beneficiaries

Re/Max International v. Realty One, Inc.

900 F. Supp. 132 · District Court, N.D. Ohio · May 10, 1995

Re/Max franchises have established themselves nationwide including in Northeast Ohio. Realty One and Smythe Cramer are long-established real estate brokerage firms which do significant business in Northeast Ohio. … XI: SHAM LITIGATION The general rule is that “[t]hose who petition government for redress are generally immune from antitrust immunity.” Professional Real Estate Investors, Inc. v.

Damato v. Kasimer

District Court, N.D. Ohio · Mar 20, 2020

Alternatively, Defendants argue that even if D’Amato’s claim is not barred, Officer Kazimer is entitled to qualified immunity. (Id. at 8-11.) … immunity.

Cleveland Trust Co. v. United States

266 F. Supp. 824 · District Court, N.D. Ohio · Nov 29, 1966

DeMuth, setting forth facts showing the motive for the transfer and clearly establishing that the motive was not contemplation of death. … Indeed Form 870-AD entitled “Offer of Waiver of Restrictions on Assessments and Collection of Deficiency in Tax and of Acceptance of Overassessment” (and similarly Form 890-B) cannot qualify as a closing agreement as authorized

Wyley v. City of Cleveland

District Court, N.D. Ohio · Apr 22, 2025

in federal court, and to dismiss before service any such complaint that the court determines is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant immune … To establish a prima facie case of discrimination under the ADA, a plaintiff must prove -4- that she: (1) has a disability; (2) is otherwise qualified; and (3

Haddon v. City of Cleveland

District Court, N.D. Ohio · Aug 25, 2020

“The second tier in the immunity analysis focuses on the five exceptions to this immunity, which are listed in R.C. 2744.02(B).” … to reinstate immunity.”

Parra v. City of Toledo, Ohio

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

immunity. … Further, I conclude Kral and Moton are entitled to qualified immunity because Parra has not 2 While Parra had a right to a hearing before being disciplined or terminated, he does not offer any evidence that Defendants

Henderson, Jr. v. Ortolani

District Court, N.D. Ohio · Jun 17, 2022

Plaintiff has not established that the judge acted clearly outside of the subject matter jurisdiction of the court over which the judge presides. … The Fremont Municipal Court judge is therefore absolutely immune from damages in this action.

Belsky v. Flemming

182 F. Supp. 773 · District Court, N.D. Ohio · Dec 11, 1959

The need for the disability freeze is clearly stated in the Senate, House and Conference Reports found in Volume 3 U. S. Code Congressional and Administrative News 1954, pp. 3710 et seq. … McMahon was especially qualified to pass judgment on plaintiff’s condition of health in September 1950 and to prognosticate the future progress of plaintiff’s disability.

Bombrys v. City of Toledo

849 F. Supp. 1210 · District Court, N.D. Ohio · Jun 4, 1993

Police officers must also be able to think clearly and quickly under the most trying of situations. … The testimony established that officers have been required to work up to twelve straight hours only three times during the past twenty-five years.