Case law
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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).
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Aug 19, 2024
right, and (2) the right was “clearly established” at the time of the challenged conduct. … The “clearly established” prong of the inquiry is not at issue here.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Sep 25, 2024
Because public universities qualify as an arm of the state, Ohio State “is immune from suit under the Eleventh Amendment.” McCormick, 693 F.3d at 661 (citing Johnson v. … Generally, there are only three exceptions to a state entity’s immunity: (1) when the state has waived sovereign immunity by consenting to the suit; (2) when Congress has expressly abrogated the states’ sovereign immunity
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Apr 8, 2026
Nor did she clearly err in reaching that same conclusion as to § 1331. To establish federal-question jurisdiction under that provision, “a federal question must appear on the face of the complaint.” … But much like § 1983 itself, § 1343(a)(3) requires that any “deprivation” of a “right, privilege or immunity” occur “under color of … State law.” 28 U.S.C. § 1343(a)(3).
Cited 0 timesUnknownHicks v. Novartis Pharmaceuticals Corp.
457 F. Supp. 2d 814 · District Court, S.D. Ohio · Nov 3, 2005
Plaintiff may establish a prima facie case of age discrimination through circumstantial evidence by showing that: 1) she is a member of a protected class; 2) she suffered an adverse employment action; 3) she was qualified … Yet the drafters of the ADA and its subsequent interpretive regulations clearly intended *829 that plaintiffs who are mistakenly regarded as being unable to work have a cause of action under the statute...
Cited 0 timesPublishedDistrict Court, S.D. Ohio · Nov 29, 2021
Heydinger must first establish a prima facie case of discrimination by showing that: "(1) she has a disability, (2) she is ‘otherwise qualified for the position, with or without reasonable accommodation,’ (3) she … If an employer's stated judgment that regular attendance is an 3 Although idX summarily states that Heydinger did not suffer an adverse employment action, her termination clearly qualifies as such. Kocsis v.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · May 23, 2023
“Delay alone is not a sufficient basis for establishing prejudice.” Dassault Systemes, SA, 663 F.3d at 842 (cleaned up). … Fri’s proposed answer asserts defenses, among others, related to failure to state a claim upon which relief may be granted, qualified immunity, and failure to exhaust administrative remedies, all of which are defenses
Cited 0 timesUnknown326 F. Supp. 2d 858 · District Court, S.D. Ohio · Mar 30, 2004
Establishment of a disability is contingent upon two findings. … Lastly, the vocational testimony in the record clearly establishes that, in light of Plaintiffs need for restroom breaks every twenty minutes, there are no jobs at the sedentary level which she is capable of performing.
Cited 2 timesPublished110 F.R.D. 245 · District Court, S.D. Ohio · Mar 19, 1986
A party objecting to discovery on the basis of any privilege has the burden of establishing the existence of that privilege. … Such evaluations are clearly relevant to determining what the Defendants knew and when they knew it.
Cited 12 timesPublishedDerezic v. Ohio Department of Education
104 F. Supp. 3d 858 · District Court, S.D. Ohio · Apr 20, 2015
D, EdChoice Calendar (establishing application deadline as 4/13/2012); Doc. 15, Ex. … The record clearly demonstrates that the Nosse Plaintiffs were ineligible for the Ed-Choice program before, during, and after they submitted their EdChoice applications.
Cited 0 timesPublished92 F. Supp. 2d 704 · District Court, S.D. Ohio · Mar 23, 2000
The issue can be boded down to a single question of law: Does the final Site inspection conducted on November 2, 1994 qualify as an act of removal? … The acts counted as removal acts because each was “clearly related to the assessment of the work that was previously done on-site.” Id.
Cited 10 timesPublishedROBERT LEE JACKSON v. DAVID STEVENS, et al.
District Court, S.D. Ohio · Nov 21, 2025
App’x. 381, 382 (6th Cir. 2001) (citing Neitzke, 490 U.S. at 327–28) (“Claims that lack an arguable or rational basis in law include claims for which the defendants are clearly entitled to immunity and claims of infringement … of a legal interest which clearly does not exist.”).
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Feb 5, 2024
However, as the Northern District of Ohio also explained to Plaintiff, these claims are clearly time-barred. See City of Toledo, 2020 WL 6701988, at *3. … conviction counsel in Plaintiff’s state-court criminal case was clearly taken in her judicial capacity.
Cited 0 timesUnknown204 F.R.D. 401 · District Court, S.D. Ohio · Nov 20, 2001
Plaintiff further asserts that both he and members of the class were all victimized by Defendants’ misconduct and all have the mutual incentive to establish the alleged constitutional failure of Defendants’ policies. … Such a request clearly fits the dictionary definition of injunction. Blacks Law Dictionary 705 (5th ed.1979).
Cited 2 timesPublished412 F. Supp. 2d 818 · District Court, S.D. Ohio · Jan 5, 2011
Restitution orders may be based on judicial fact findings established by a preponderance of evidence, and are not subject to the requirements of United States v. … The report of expert witness Elizabeth Blume clearly states that the Cincinnati calculations were based on the 1/8 mile radius. See Price Hill Will’s Restitution Hearing Exhib. # 35 at 1.
Cited 1 timesPublished144 F.R.D. 330 · District Court, S.D. Ohio · Jun 22, 1992
The plaintiff need not establish that it is impossible to join all members of the proposed class, only that it would be difficult and inconvenient to do so. … Kinneary stated: Clearly, people and parcels of real property, like snowflakes, necessarily have different and unique characteristics.
Vacated on other grounds by In Re Nlo, Inc., 5 F.3d 154 (1993)Cited 61 timesPublishedBaxter Travenol Laboratories, Inc. v. Lemay
89 F.R.D. 410 · District Court, S.D. Ohio · Feb 19, 1981
Because of Lewis’ dual role, in the litigation of Plaintiffs’ cause, and in the performance of his duties with respect to Plaintiffs’ regular business operations, a conflict between Plaintiffs’ qualified right to preparation … Ordinarily, the Court might determine that a qualified right should give way in the face to a potential for injurious abuse.
Cited 11 timesPublishedDistrict Court, S.D. Ohio · Apr 6, 2026
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. … Lappin, 630 F.3d 468, 471 (6th Cir. 2010), or “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F. App’x 427, 429-30 (6th Cir. 2009). C.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 4, 2026
to qualified immunity. … Finally, Defendants argue that Plaintiff’s claims fail on their merits, in part because they are entitled to qualified immunity.
Cited 0 timesUnknownSocialist Labor Party v. Rhodes
290 F. Supp. 983 · District Court, S.D. Ohio · Aug 29, 1968
To qualify Mr. … Clearly, it is not the function of this Court to inquire into or consider how, when and by what means a political organization was formed.
Cited 20 timesPublished
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