Case law

Morris Sr. v. Turner <i>et al.</i>

District Court, S.D. Ohio · Jan 26, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … And the doctrine clearly appears even where a defendant is sued only in an official capacity. Shelton v. Wallace, 886 F. Supp. 1365, 1373 (S.D.

Willis v. ITT Educational Services, Inc.

254 F. Supp. 2d 926 · District Court, S.D. Ohio · Feb 24, 2003

Johnson, and a qualified Vocational Rehabilitation Specialist (Mr. Cody), which indicated clearly that she was totally disabled for such purpose, and the finding by the SSA that she was permanently and totally disabled. … Ryan, as far as his expertise has been represented to the Court, is simply not qualified to render such an opinion.

Johnson v. State of Ohio

District Court, S.D. Ohio · Mar 29, 2025

Further, the cases she cites relate to the defense of qualified immunity, not Eleventh Amendment sovereign immunity. (Id. (citing Smith v. Gallia Cnty. Jail, No. 2:20-cv-3089, 2021 U.S. Dist. … (explaining that qualified immunity is most often resolved on summary judgment)).) The Eleventh Amendment operates as a jurisdictional bar and thus must be resolved at the outset of the litigation.

Burfitt v. Erving

District Court, S.D. Ohio · Dec 2, 2019

Litkovitz United States Magistrate Judge 4 Defendants also argue that they are entitled to qualified immunity. (Doc. 38 at 15-16). … Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Dobbins v. Local 212, International Brotherhood of Electrical Workers

292 F. Supp. 413 · District Court, S.D. Ohio · Oct 10, 1968

One of them was clearly administered for membership purposes. … Many persons have been “so qualified” without difficulty.

Harris v. Ohio Adult Parole Authority

District Court, S.D. Ohio · May 14, 2021

BACKGROUND As established, Plaintiff is a pro se prisoner currently incarcerated at ManCI. (Doc. 1-1). … These two Defendants, however, are immune from suit.

Clark v. Pratt

District Court, S.D. Ohio · Jul 31, 2025

There is an ongoing criminal prosecution against Plaintiff (see, e.g., Order Denying Mtn. to Dismiss Charges, Doc. #14-4, PAGEID 561-62), which necessarily implicates important state interests, and it is a long- established … The decision did not “question or qualify in any way the principles of equity, comity, and federalism that must restrain a federal court when asked to enjoin a state court proceeding.”

Thompson v. Skaggs

District Court, S.D. Ohio · Jul 10, 2023

Third, Defendant contends that he “is entitled to avail himself of qualified immunity and should have the opportunity to do so before this Court.” … Accordingly, Defendant’s ability to raise qualified immunity means that he has a meritorious defense. 3 See Cain v. U.S. Marshal Brian Rinehart, No. CV 19-11278, 2020 WL 1181737, at *2 (E.D. Mich.

McCain v. Jenkins

District Court, S.D. Ohio · Apr 17, 2020

Qualified Immunity Finally, both Defendants Troute and Farrar argue that they are entitled to qualified immunity on any underlying First Amendment violations. … Absent any legitimate attempt at argument, the undersigned finds Defendants’ qualified immunity arguments waived for purposes of summary judgment. Cf. Evans v. Vinson, 427 F.

Davis v. United States

88 Ohio Law. Abs. 90 · District Court, S.D. Ohio · Jul 1, 1961

Discussions or Law The sole question presented is whether the Foundation meets the requirements of the Internal Revenue Code so as to qualify as an exempt organization thereunder. … Clearly, the Foundation is not operated for the primary purpose of carrying on a trade or business for profit.

Gandenberg v. Barry

687 F. Supp. 346 · District Court, S.D. Ohio · Jun 2, 1988

These *350 standards therefore enable persons to deduct incurred medical expenses from income to qualify for an appropriate resource limitation of the categorically needy. … Clearly the AT transmittal has not affected the medicaid provisions established in the state of Ohio.

Bronson v. Borchert

District Court, S.D. Ohio · Oct 20, 2022

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Aug. 20, 2012), (“In the Sixth Circuit, ‘it 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.’”

LeMasters v. Christ Hospital

791 F. Supp. 188 · District Court, S.D. Ohio · Dec 26, 1991

“The district judge to whom the case is assigned shall consider such objections and shall modify or set aside any portion of the magistrate’s order found to be clearly erroneous or contrary to law.” … As Representative Waxman, a principal sponsor of the Act, stated, “The immunity provisions have been restricted so as not to protect illegitimate actions taken under the guise of furthering the quality of health care.

Creech v. Ohio Department of Rehabilitation and Corrections

District Court, S.D. Ohio · Jun 30, 2021

Instead, as the Magistrate Judge reported, the cane was taken away by a trained medical person, Nurse Practitioner Artrip, who was qualified to make the decision about what assistive aids Plaintiff needed. … Creech objects to the Magistrate Judge’s recommendation that ODRC is immune from damages liability under the Eleventh Amendment. (ECF No. 91, PageID 1082).

White v. Erdos

District Court, S.D. Ohio · Mar 23, 2023

The Court also found that White failed to carry his burden that qualified immunity would not apply to Parish. (/d.) Thus, only the claims against Welch now remain. … The Magistrate Judge found White failed to demonstrate a violation of his Constitutional rights, and Welch is entitled to qualified immunity. at PageID 677.)

Caskey v. Fenton

District Court, S.D. Ohio · Jul 12, 2023

Further, it concluded that Defendants were not entitled to qualified immunity but dismissed the City of Columbus on the state malicious prosecution claim. (Id. at 15–18, 30). … Further, an appellate court reviews de novo a district court’s denial of a defendant’s motion for summary judgment on qualified immunity grounds. Rafferty v. Trumbull County, Ohio, 915 F.3d 1087, 1093 (6th Cir. 2019).

McDaniel v. Chambers-Smith

District Court, S.D. Ohio · Jun 8, 2024

The Court need not decide whether the defendants are entitled to qualified immunity. … Conklin, 813 F.2d 769 (6th Cir. 1987) (If the court finds no valid claim pursuant to 42 U.S.C. § 1983, the Court need not reach the issue of qualified immunity.).

Kroger Co. v. SANOFI-AVENTIS

701 F. Supp. 2d 938 · District Court, S.D. Ohio · Mar 26, 2010

Such alleged “injury, although causally related to an antitrust violation, nevertheless will not qualify as ‘antitrust injury,’ ” Atl. … [and] any benefit loss results most clearly from the unchallengeable and unchallenged decision to close bases”, not the decision to limit bidding to private contractors. Id. at 732.

Brooks v. Ohio

District Court, S.D. Ohio · Aug 29, 2022

Facial plausibility is established “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. … A person’s disability that leads one to a propensity to commit crime may certainly be relevant in assessing whether that individual is qualified for parole.”).

Thinguldstad v. United States

343 F. Supp. 551 · District Court, S.D. Ohio · May 1, 1972

The evidence clearly established that both the T.W.A. Constellation and the Thinguldstad aircraft were approaching the Port Columbus International Airport with a view to landing on runway 28-L. … The evidence clearly established that the aircraft which Pilot Thinguldstad was flying had the capability to overcome any sudden loss in altitude due to wake turbulence.