Case law

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.

Boggs v. Divested Atomic Corp.

141 F.R.D. 58 · District Court, S.D. Ohio · Nov 7, 1991

Clearly, if persons in the vicinity have been so exposed, real property has been also. … Clearly, counsel in this case are eminently qualified to prepare the case for trial and to try it. Defendants do not dispute that.

FEDERAL NAT. MORTG. ASS'N v. Rathgens

595 F. Supp. 552 · District Court, S.D. Ohio · Sep 20, 1984

In furtherance of that goal, Congress established a Mortgage Insurance Program that enabled lenders to offer essentially risk-free mortgages to low income families at terms more favorable than they could get on the market … This account was already delinquent when the qualifying circumstances occurred.

Fugate v. Erdos

District Court, S.D. Ohio · Oct 9, 2019

In fact, the Defendants’ answers, which present the defense of qualified immunity, similarly suggest that the Defendants themselves viewed the complaint as asserting such claims.1 Last but not least, in Moore v. … Still, the Sixth Circuit declined to grant judgment to the defendants because the defendants had discussed the issue of qualified immunity. Id. at 853.

Carolina Casualty Insurance v. Canal Insurance

940 F. Supp. 2d 753 · District Court, S.D. Ohio · Apr 18, 2013

Canal contends that Farah does not qualify as a permissive user insured. … Second, Carolina contends that even if Green Line is required to own the covered auto, it does so qualify.

Brown-Austin v. Chambers-Smith

District Court, S.D. Ohio · Jul 18, 2025

Defendants Davis and Oppy are not Entitled to Qualified Immunity All State Defendants briefly argue that they are entitled to qualified immunity based on Plaintiff’s failure to state any constitutional claims. … State Defendant Chambers-Smith is entitled to qualified immunity on that basis.

Coleman v. Allegheny County, PA, PFA Unit

District Court, S.D. Ohio · Aug 7, 2024

A plaintiff asserting a § 1983 claim for damages against a state official must establish that: (1) the official violated a statutory or constitutional right, and (2) the right was “clearly established” at the time of the … It is clearly established that the Fourth Amendment applies to the removal of children from their homes. See Kovacic v. Cuyahoga Cnty. Dep't of Child. & Fam. Servs., 724 F.3d 687, 699 (6th Cir. 2013); Stephens v.

M.J. Whitman & Co., Inc. Pension Plan v. American Financial Enterprises, Inc.

552 F. Supp. 17 · District Court, S.D. Ohio · Dec 8, 1982

Plaintiff contends that a private right of action to require registration of an investment company is well established by the case law. Specifically, plaintiff relies upon the cases of Cogan v. … In recent cases, the Supreme Court has qualified the Cort v. Ash test to focus primarily upon the intent of Congress. Texas Industries, Inc. v.

Mason v. Grillo

District Court, S.D. Ohio · May 21, 2025

officer who is immune”). … Importantly, “[a] claim for civil conspiracy under § 1983 exists only where the plaintiff has established a separate and actionable injury.” Rapp v. Dutcher, 557 F. App’x 444, 450 (6th Cir. 2014).

Creech v. Ohio Department of Rehabilitation and Corrections

District Court, S.D. Ohio · Apr 6, 2021

Eleventh Amendment Immunity The Report concluded that the ODRC, as an arm of the State of Ohio, was immune from damages liability by virtue of the Eleventh Amendment (Report … No qualified medical personnel inside or outside the prison system has questioned NP Artrip’s medical judgment.

Maye v. Kelley

District Court, S.D. Ohio · Aug 6, 2025

An action has no arguable legal basis when the defendant is immune from suit or when the plaintiff claims a violation of a legal interest that clearly does not exist. Neitzke, 490 U.S. at 327. … , prosecutorial immunity, or the fact that some Defendants are not subject to being sued under Bivens or Section 1983.

Taylor v. Hooven

District Court, S.D. Ohio · Jan 3, 2025

Taylor for engaging in their relationship; and (d) interfere[e] with their clearly established constitutional rights. (Doc. 55 at 416–417.) … Officer Hooven moves to dismiss on the basis that his actions did not violate the Constitution, that he is entitled to qualified immunity, and that some of his conduct did not constitute state action for 3 Additionally

Smith v. State of Ohio

District Court, S.D. Ohio · Jul 20, 2020

(See Attachment B)2 Therefore, the court documents clearly show that these parties knowingly deprived the Plaintiff of his constitutional and statutory right … And “Congress did not intend to override well-established immunities or defenses under the common law” by enacting § 1983. Will v. Mich. Dept. of State Police, 491 U.S. 58, 67 (1989).

Deters

District Court, S.D. Ohio · Dec 23, 2025

This allegation not only implicates legislative immunity (as explained infra.), it also fails to establish a “concrete” and “actual or imminent” injury. Steel Co., 523 U.S. at 103. … They do not establish Article III standing, nor do they overcome judicial or legislative immunity bars. And they certainly do not comply with Rule 8(a)(2).

Miller v. Countrywide Home Loans

747 F. Supp. 2d 947 · District Court, S.D. Ohio · Sep 30, 2010

. §§ 1345.01 — 13) by Countrywide and Quantum in failing to accurately, fairly and honestly appraise Plaintiffs property and conspiracy to produce an inflated appraisal to fraudulently qualify Plaintiff for a loan to obtain … The language requiring intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class-based, invidiously discriminatory animus behind the conspirators

Puskas v. Delaware County, Ohio

District Court, S.D. Ohio · Apr 22, 2021

It is well-established that “[a] suit against an individual in his official capacity is the equivalent of a suit against the governmental entity.” Matthews v. … Puskas has failed to state a claim against him, and that he holds qualified immunity against the claims. (Id.) Because the Court finds that Mrs. Puskas’s § 1983 claims against Lt.

Associated Gen. Contractors of America v. Columbus

936 F. Supp. 1363 · District Court, S.D. Ohio · Aug 26, 1996

Beatty & Roseboro failed to establish that any of the M/FBEs included their definition of “eligible” were in fact qualified and able to provide construction services to the city. … Clearly, the census industry total data is the most comprehensive data, even though it may overestimate the number of firms qualified to provide construction services to the city. iii) Telephone Survey BBC did not use its

Mishos v. McKesson Corporation

District Court, S.D. Ohio · May 30, 2024

Neither condition she proposes qualifies as “an actual or perceived physical or mental impairment” cognizable under the ADA. … Taking the above facts into consideration, it is clear that Plaintiff cannot establish that this Court made any clear error of law.

Schott v. I-FLOW CORP.

696 F. Supp. 2d 898 · District Court, S.D. Ohio · Mar 16, 2010

Such a conclusion, contend Plaintiffs, has clearly been subjected to peer review and publication. … Plaintiffs argued Pence is clearly qualified based on her thirty-five years working in the field of F.D.A. regulatory issues, her United States Regulatory certification (“RAC certification”), and her credentials as a Regulatory