Case law

Henderson v. Correction Corporation of America Core Civic

District Court, N.D. Ohio · Aug 13, 2019

relief can be granted, or if it lacks an arguable basis in law or fact.1 A claim lacks an arguable basis in law or fact when it is based on an unquestionably meritless legal theory or when the factual allegations are clearly … do not suffice.12 Only deliberate indifference to serious medical needs or extreme deprivations regarding the conditions of confinement will implicate the protections of the Eighth Amendment.13 A Plaintiff must also establish

In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation

45 F. Supp. 3d 724 · District Court, N.D. Ohio · Oct 3, 2014

Wilson is clearly qualified[J”). … This narrow opinion is an appropriate rebuttal to Wilson; Taylor is qualified to offer it; and it is admissible.

United States v. Shafer

384 F. Supp. 496 · District Court, N.D. Ohio · Mar 29, 1974

The next 36 hours, until the morning of May 4th, followed the established pattern of activity ; the campus was quiet by day and restless at night. … It noted the origins of the section as “an anti-discrimination measure” (at 98), later extended to prohibit the “deprivation of any rights, privileges, or immunities,” guaranteed by federal law.

Municipal Services of America Corp. v. City of Wickliffe

District Court, N.D. Ohio · Oct 20, 2023

P. 12(b)(6), arguing that Wickliffe was immune from intentional tort claims. ECF Doc. 3. On May 1, 2023, the court granted the motion for partial dismissal and dismissed Count Two with prejudice. ECF Doc. 9. … Because Wickliffe is a city under Ohio law and therefore qualifies as a “local government” under the LGAA, MSA is precluded from seeking damages and attorney’s fees against Wickliffe under the Sherman Act.

Kiser v. State of Ohio

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

shows that he was engaged in protected activity or that he was prevented from filing grievances, and Defendants would have taken the same actions in the absence of protected activity; and (3) Defendants are entitled to qualified … immunity.

Jeremy v. Northwest Ohio Development Center

33 F. Supp. 2d 635 · District Court, N.D. Ohio · Jan 19, 1999

[A]bsence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.”. 29 C.F.R. § 825.114 (d). … Any requests that he did make, both before and during his incarceration, were for periods of time he spent in jail. 3 Incarceration for a DUI results from the use of alcohol and is clearly not treatment. See Maddox v.

Woods v. DeLeone

District Court, N.D. Ohio · Jul 7, 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. … A plaintiff cannot establish the liability of any defendant absent a clear showing that the defendant was personally involved in the activities which form the basis of the alleged unconstitutional behavior. Rizzo v.

Hall v. Davis

District Court, N.D. Ohio · Mar 31, 2023

8 (5:23-CV-00049) It is well established that judges are generally entitled to absolute immunity from civil suits for money damages. … Plaintiff has therefore not established that Judge Breaux acted clearly outside of the subject matter jurisdiction of the court over which the judge presides.

Marshall v. JC Penney Co., Inc.

464 F. Supp. 1166 · District Court, N.D. Ohio · Jan 18, 1979

Topfer and Iacobacci both testified that they were not qualified when first given the merchandiser title and required training to become fully qualified. … He went on to say “ . it depends upon the circumstances in each establishment and each establishment could be different.” Def’s. Ex. F-l at p. 51.

El-Zayaty v. UNIVERSITY OF FINDLAY

444 F. Supp. 2d 790 · District Court, N.D. Ohio · Feb 13, 2006

[it] is insufficient to establish liability.”); Chappell v. … Co., 881 F.2d 309, 314 (6th Cir.1989) ("Case precedent clearly reflects that isolated and ambiguous statements, ....

Nice v. City of Akron

District Court, N.D. Ohio · Dec 12, 2019

To establish good cause, a movant “must articulate specific facts showing clearly defined and serious injury resulting from the discovery sought and cannot rely on mere conclusory statements.” Nix, 11 F. … But they fail to cite any cases for the proposition that prosecutors are immune from depositions in subsequent civil lawsuits.

Rosen v. Montefiore

District Court, N.D. Ohio · Jan 31, 2022

of the United States have original jurisdiction.”14 If a federal court determines that it lacks subject matter jurisdiction, however, the court must remand the case.15 The party removing a case bears the burden of establishing … as, “any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine, used to treat, diagnose, cure, prevent, or mitigate COVID-19.”32 Covered countermeasures must be “qualified pandemic

Conner v. Montefiore

District Court, N.D. Ohio · Jan 31, 2022

of the United States have original jurisdiction.”14 If a federal court determines that it lacks subject matter jurisdiction, however, the court must remand the case.15 The party removing a case bears the burden of establishing … as, “any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine, used to treat, diagnose, cure, prevent, or mitigate COVID-19.”32 Covered countermeasures must be “qualified pandemic

Rosen v. Montefiore

District Court, N.D. Ohio · Jan 31, 2022

of the United States have original jurisdiction.”14 If a federal court determines that it lacks subject matter jurisdiction, however, the court must remand the case.15 The party removing a case bears the burden of establishing … as, “any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine, used to treat, diagnose, cure, prevent, or mitigate COVID-19.”32 Covered countermeasures must be “qualified pandemic

Ali v. Chelsea Catering

910 F. Supp. 338 · District Court, N.D. Ohio · Nov 27, 1995

Defendant’s policy for sick leave is clearly spelled out within this manual. The manual clearly states that an employee’s leave of absence “may not exceed a maximum of six months.” … The Court finds that Plaintiff has presented no evidence to establish this cause of action.

Easter v. Jeep Corp.

538 F. Supp. 515 · District Court, N.D. Ohio · Jan 25, 1982

established plaintiff’s constructive discharge. … As between two otherwise equally qualified applicants for a job, the one who is currently employed has a better chance than the one who is unemployed.

Day v. Chambers-Smith

District Court, N.D. Ohio · Feb 4, 2021

It is well-established that relief in a civil rights action is not available where a prisoner seeks immediate or speedier release from his incarceration. … Here, the ODRC is clearly a state agency and entitled to Eleventh Amendment immunity. Defendant, as Director of the ODRC, is therefore also entitled to immunity.

Gordon v. Van Schoyck

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

McGrath, Judge Jennifer Brunner, Judge Julia Dorrian, and Judge William Klatt filed a motion to dismiss on various grounds including judicial immunity and Eleventh Amendment sovereign immunity. (Doc. No. 53). … Even so, Gordon’s First Amendment retaliation claim must fail because he cannot establish the second element.

Weber v. National Football League

112 F. Supp. 2d 667 · District Court, N.D. Ohio · Jul 31, 2000

As to the antitrust claims, the football defendants argue that: 1) the Noerr-Pen-nington Doctrine “immunizes litigation and related pre-litigation conduct from antitrust challenges under the circumstances of this case.” … Second, the football defendants’ business activities clearly have a substantial effect on interstate commerce.

Jones v. Jago

428 F. Supp. 405 · District Court, N.D. Ohio · Feb 10, 1977

The state argues to the contrary that Victor Harvey made no such statement concerning Harllel Jones and that, indeed, he had prefaced his statement with the qualifying remark that he would not comment on any involvement of … In Agurs , the Supreme Court established the standard of materiality to be applied to evidence which has not been specifically requested by the defense.