Case law

St. Thomas v. State of Ohio

District Court, N.D. Ohio · Feb 2, 2024

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. … Judges and prosecutors also enjoy immunity from civil suits for damages. It is well established that judges are generally entitled to absolute immunity from civil suits for money damages. Mireles v.

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.

Baez v. Johnson

District Court, N.D. Ohio · Dec 27, 2019

To establish deliberate indifference, the plaintiff ordinarily “‘must show prior instances of unconstitutional conduct demonstrating that the [municipality] has ignored a history of abuse and was clearly on notice that … The Ohio Revised Code establishes a three-tier analysis for determining whether a political subdivision is immune from liability: First, R.C. 2744.02(

McDaniel v. Wal-Mart Stores, Inc.

94 F. Supp. 2d 878 · District Court, N.D. Ohio · May 15, 2000

Ailes concluded that McDaniel had clearly violated Wal-Mart’s policies regarding the pursuit of shoplifting suspects. … At the first stage, the plaintiff must establish a prima facie case of employment discrimination.

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.

Andrew Lee Eugene Knox v. Hardin County Municipal Court, et al.

District Court, N.D. Ohio · Jan 12, 2026

To make out a prima facie case under both Section 504 of the Rehabilitation Act and Title II of the ADA, a plaintiff must establish that he (1) had a qualifying disability, (2) was otherwise qualified to participate in … The parties do not dispute that Title II and Section 504 apply to Judge Grimslid in his official capacity, Plaintiff had a qualifying disability, or that Plaintiff was “otherwise qualified to participate” in

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.

Young v. Corrigan

208 F. 431 · District Court, N.D. Ohio · Mar 18, 1912

However that may be, the testimony was clearly competent as bearing upon the character of the plaintiff. … the result of an item of testimony offered in defense, to go to the town where the witness in question formerly resided and there make inquiry touching the reputation for truth and veracity of the witness, with a view of qualifying

Rainey v. Perkins Township Board of Trustees

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

immunity under federal and Ohio law. … As I concluded above, Rainey’s guilty plea and conviction conclusively establishes probable cause for his arrest.

United States v. Mansfield Tire & Rubber Co. (In Re Mansfield Tire & Rubber Co.)

120 B.R. 862 · District Court, N.D. Ohio · Oct 2, 1990

The legislative history clearly shows that Congress enacted § 4971 primarily for punitive purposes. … Such a result is clearly untenable, and patently inequitable. Colin, 44 B.R. at 810 .

Garnet v. General Motors Corp.

114 F. Supp. 2d 649 · District Court, N.D. Ohio · Sep 13, 2000

Occasionally the Packard plant conducted pre-apprentice training, whereby- certain qualified minorities and females having competitive apprentice scores were offered an opportunity to submit to pre-apprentice testing and … The overwhelming and undisputed statistical evidence offered by the Defendant clearly establishes that the Defendant employs substantially more white males than women or racial minorities.

Thomspon v. Animal Welfare League of Trumbull County, Inc

District Court, N.D. Ohio · Jul 6, 2022

Additionally, Defendants argue that Firster is entitled to summary judgment under the doctrine of qualified immunity. … Firster’s qualified immunity argument. There was no due process violation so the Court need not address Firster’s qualified immunity argument. See Chappell v.

Alsup v. International Union of Bricklayers & Allied Craftsmen, Local Union No. 3

679 F. Supp. 716 · District Court, N.D. Ohio · Sep 9, 1987

Majid Ghaidon Al-Khazraji, — U.S. -, 107 S.Ct. 2022 , 95 L.Ed.2d 582 (May 18, 1957) (clearly establish precedent thereby negating the application of retroactivity). … Since the comment does not establish any genuine issue of fact to support Watson’s claims of discrimination and since Watson cannot identify any other incidents, Watson has failed to establish a genuine issue of material

Miles v. Raymond Corp.

612 F. Supp. 2d 913 · District Court, N.D. Ohio · Mar 18, 2009

identify any reference made to a specific future time period. 12 The only express warranty Raymond admits to providing is one concerning the replacement or repair of defective parts for one year, and that certainly does not qualify … Given that the statutory definition does not include such terms, it is conceivable that an injured plaintiff could assert a claim for negligent installation, servicing, or main *920 tenance that does not qualify as a "product

Dixon v. University of Toledo

638 F. Supp. 2d 847 · District Court, N.D. Ohio · Jul 31, 2009

Defendants believed that the University, as a state instrumentality, is immune from 42 U.S.C. § 1983 claims, and that the University is not a “person” under the statute. … Dixon alleges that when she was terminated, a man who was grossly under qualified for her job replaced her. (Doc No. 20, ¶ 33).

Pirincin v. Board of Elections of Cuyahoga County

368 F. Supp. 64 · District Court, N.D. Ohio · May 29, 1973

The board establishes th§ rules and regulations necessary to guide the election officers and voters. It advertises and contracts for the printing of all ballots. … The Supreme Court has clearly indicated that the right to vote is fundamental.

Williams v. State of Ohio

District Court, N.D. Ohio · Jun 10, 2025

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 … Four of the Defendants are absolutely immune from suit. The State of Ohio is immune from suit under the Eleventh Amendment. Latham v. Office of Atty.

Methena v. State of Ohio

District Court, N.D. Ohio · Jun 10, 2021

Plaintiff has not alleged a cause of action against this Defendant for which Eleventh Amendment immunity has been waived. … It is well established that civil rights claims cannot based upon a theory of respondeat superior alone. Polk County v. Dodson, 454 U.S. 312, 325 (1981).

Morr v. Kamco Industries, Inc.

548 F. Supp. 2d 472 · District Court, N.D. Ohio · Apr 15, 2008

Interference Claim The FMLA entitles qualified employees working for covered employers to take temporary leave for medical reasons. 29 U.S.C. § 2612 . … The documentation that Morr provided to her employer clearly stated that she *480 planned to be on leave “6 wks post par-turn.” (Doc. 22-2 at 41, 42, 43.)

Sullivan v. O'Malley

District Court, N.D. Ohio · Jan 19, 2024

A claim lacks an arguable basis in law or fact where it is premised on an indisputably meritless legal theory or where the factual contentions are clearly baseless. … Immunity Finally, all of the Defendants are immune from suits for damages.