Case law

Johnson v. Gibson

District Court, N.D. Ohio · Feb 10, 2020

An action has no arguable basis in law when the Defendant is immune from suit or when the Plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … 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

Spence v. Local 1250, United Auto Workers

595 F. Supp. 6 · District Court, N.D. Ohio · Mar 29, 1984

The evidence clearly indicates Spence sincerely believed Blackwell was being discriminated against because he was black. … It is undisputed that Spence was qualified for the janitor’s job he held prior to his termination.

Schiavoni v. Marn

District Court, N.D. Ohio · Jul 25, 2025

Plaintiff responds that she has sufficiently alleged a due process claim against the Individual Defendants because: (i) she had a clearly established right to be free of gender-based discrimination and retaliation under … Schiavoni had a clearly established right to be free of gender-based discrimination and retaliation under Title VII.” (ECF No. 22, PageID #223).

Gunthorpe v. DAIMLERCHRYSLER CORPORATION

205 F. Supp. 2d 820 · District Court, N.D. Ohio · Jun 13, 2002

To establish a prima facie case of discrimination, a plaintiff generally must show, by a preponderance of the evidence: (1) membership in the protected class; (2) an adverse employment action; (3) that he was qualified for … Burdine, 450 U.S. 248, 254 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981), it must nonetheless “clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiffs rejection.”

Patterson v. Finch

313 F. Supp. 1121 · District Court, N.D. Ohio · Jan 19, 1970

In qualifying for benefits a claimant must be able to fit himself within the statutorily defined category, and the claimant has the initial burden of so doing. … Muscle spasm, clearly on objective medical finding, and therefore certainly medically determinable, is repeatedly found by Dr. Hoyt during his care and treatment of the claimant.

Edmonds v. Dillin

485 F. Supp. 722 · District Court, N.D. Ohio · Jan 2, 1980

Therefore, any allegations that the city is liable on the basis of respondeat superior are clearly insufficient to state a claim against the city. A. … of police officers and their respective cities, and to establish adequate training education and instruction of police officers subsequent to their initial employment. 26.

Afjeh

District Court, N.D. Ohio · Feb 23, 2026

She then spends nearly ten full pages criticizing the doctrine of qualified immunity and arguing that the Federal and Ohio Rules of Criminal Procedure unconstitutionally alter the grand jury system. (Id. at 4-15). … While she argues she must include these allegations facts in her complaint to establish “a history of discrimination,” (Doc.

Costantino v. TRW, INC.

773 F. Supp. 34 · District Court, N.D. Ohio · Jul 23, 1991

On July 19, 1985, the Treasury Department issued temporary regulations requiring administrators of qualified pension plans to use the PBGC rate in calculating the amount of the lump sum distributions. … While it may be legal to establish such a plan, there is some question whether TRW can legally amend a plan to establish this system.

Armco, Inc. v. United States Environmental Protection Agency

124 F. Supp. 2d 474 · District Court, N.D. Ohio · Sep 29, 2000

“Motions under Rule 59(e) must either clearly establish a manifest error of law or must present newly discovered evidence.” Sault Ste. Mane Tribe of Chippewa Indians v. … This waiver of immunity does not apply, however, to the extent that the governing statute precludes judicial review. 5 U.S.C. § 701 (a)(1).

Lagunovich v. Findlay City School System

181 F. Supp. 2d 753 · District Court, N.D. Ohio · Nov 9, 2001

Plaintiff brief concedes that her intentional infliction of emotional distress claim must be dismissed because of immunity. … While defendant states that plaintiff cannot prove the remaining three elements, defendant never addresses whether plaintiff was qualified for the position-the third element.

Williamson v. Lorain County

District Court, N.D. Ohio · Sep 27, 2024

Qualified Immunity The individual Defendants argue that they are entitled to qualified immunity on Plaintiff Williamson’s First Amendment retaliation claim.153 To … ; and (2) whether that right was clearly established at the time of the violation.”154 “A right is clearly established when its contours are sufficiently clear that a reasonable official would understand that his conduct

Taylor v. Teodosio

District Court, N.D. Ohio · Apr 12, 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. Neitzke, 490 U.S. at 327. … Waco, 502 U.S. 9, 9 (1991) (judicial immunity); Jmbler v. Pachtman, 424 U.S. 409, 431 (1976) (prosecutorial immunity). Plaintiff cannot proceed with this action against these Defendants.

Bailey v. CITY OF BROADVIEW HEIGHTS, OHIO

721 F. Supp. 2d 653 · District Court, N.D. Ohio · Jun 14, 2010

Because DePiero was decided more than nine years before Mayor Alai presided over plaintiffs two cases in Mayor’s Court, the law was clearly established that Alai would deny plaintiff due process of law. … For the foregoing reasons, there was no due process violation. 7 (2) Immunity Having found no constitutional violation, the Court need not address whether the mayor is entitled to immunity. (3) Municipal Liability The City

Industrial Research Corp. v. General Motors Corporation

29 F.2d 623 · District Court, N.D. Ohio · Jun 16, 1928

any other business whatsoever in the state of Ohio; and that neither óf said corporations have any agent, representatives or places of business whatsoever in the state of Ohio and that neither of said corporations have qualified … It is supported, however, by more cogent proof; for exhibits are here, in the form of newspaper, sheet, and pamphlet advertising, put out in behalf of the General Motors Corporation, which imply most clearly that the alleged

Eastman v. Celebrezze

240 F. Supp. 142 · District Court, N.D. Ohio · Apr 2, 1965

There is no doubt that the alleged employment relationship was specifically designed to qualify Mr. Eastman for benefits under the Social Security Act. There is no impropriety in this. Rhoads v. … The record not only indicates that the Secretary’s determination is not supported by substantial evidence, but also shows that plaintiff has clearly carried his burden of establishing a right to old age benefits.

Himmelreich v. Federal Bureau of Prisons

District Court, N.D. Ohio · Sep 25, 2019

inhibit their efforts to perform their official duties, the qualified immunity accorded [to the defendant-officers] under Butz v. … To enhance the effect of qualified immunity so as to completely foreclose potential constitutional tort liability would belie the label of the immunity doctrine itself such immunity would be unqualified.

In re Om Group Securities Litigation

226 F.R.D. 579 · District Court, N.D. Ohio · Feb 28, 2005

It is well established that only the party holding the attorney-client privilege may assert it. … Perrigo Co., 951 F.Supp. 679 (W.D.Mich.1996), for the proposition that work-product immunity extends to documents that reflect both business and legal interests.

Almendares v. Palmer

222 F.R.D. 324 · District Court, N.D. Ohio · Jul 16, 2004

Clearly, many of the thousands of individuals cited by plaintiffs who live at or below 125 percent of the poverty guidelines would qualify under these criteria. … Defendants have not met their burden of establishing that the named representatives are inadequate is on the defendants. Thus, I conclude that plaintiffs have established adequacy for the purposes of Rule 23(a)(4). B.

Winpisinger v. AURORA CORP. OF ILL., ETC.

456 F. Supp. 559 · District Court, N.D. Ohio · Feb 21, 1978

The amendment was an appropriate response to the situation and clearly within the power of the trustees under the plan documents. … Whether Aurora so qualifies is not clear. Even if applicable to Aurora, section 4 does not warrant cancellation of past service credit of the special classes.

Moloney v. United States

375 F. Supp. 737 · District Court, N.D. Ohio · Jan 21, 1974

Suarez was not qualified as an accountant. He was produced as a witness by the Government, but did not establish himself as being entitled to any credibility. … The burden of establishing the defense of estoppel is upon the Government. It has failed to sustain it. IV.