Case law

Redman

District 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.

Allen v. Leis

204 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).

Chmarkh v. Ohio University

District Court, S.D. Ohio · Jul 25, 2023

Ohio Nov. 22, 2019) (“As a public university in the State of Ohio, Ohio University qualifies as an arm of the state and is immune from suit under the Eleventh Amendment.”). … In contrast, Plaintiff clearly labels himself as “Plaintiff, Dr. Mustapha Chmarkh,” and Defendant as “Defendant Ohio University.” /d. J] 8-9.

Deters

District Court, S.D. Ohio · Jan 16, 2026

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).

Ziskin v. Weinberger

379 F. Supp. 124 · District Court, S.D. Ohio · Dec 7, 1973

With regard to burden of proof, it is plaintiff’s initial duty to establish his entitlement to disability benefits under the Act, May v. Gardner, 362 F.2d 616 (6th Cir. 1966). … The “disability” one must show to qualify for child’s insurance benefits is defined at section 223(d) of the Act.

Philad Co. v. Murray's Beauty Salon

14 F. Supp. 626 · District Court, S.D. Ohio · Nov 7, 1935

There does not seem to be any serious contention, therefore, as to infringement once the validity of the claims has been established. … The qualifying words which the record shows in this case were used by defendants as such a designation or legend are not, in the opinion of the court, in the light of .all of the evidence, sufficient to prevent that “palming

J & J PRODUCTIONS, INC. v. Schmalz

745 F. Supp. 2d 844 · District Court, S.D. Ohio · Sep 17, 2010

Regardless of defendants’ intent to intercept cable service, it is clearly undisputed that the Williams defendants were not “specifically authorized by a cable operator,” namely HBO, to receive the broadcast. … Nowhere in this language is the term “cable operator” qualified with language indicating that the cable operator must be an “authorized” cable operator. We believe this to be a relevant distinction.

Arnold Yerkes v. Ohio State Highway Patrol

District Court, S.D. Ohio · Dec 2, 2024

Defendants moved for summary judgment and asserted that Individual Defendants were entitled to qualified immunity. (ECF No. 96.) … This Court denied that motion, holding that Individual Defendants were not entitled to qualified immunity. (Order Denying MSJ, PageID 7265.)

Noble v. Brinker International, Inc.

175 F. Supp. 2d 1027 · District Court, S.D. Ohio · Dec 12, 2001

Noble’s Complaint clearly does so in Count I, ¶¶ 34-37. … To establish a prima facie case, the plaintiff must show: (1) that he was a member of a protected class; (2) that he suffered an adverse employment action; (3) that he was qualified for the position; and (4) that he was replaced

Goodykoontz v. State Of Ohio

District Court, S.D. Ohio · Sep 16, 2024

written motion, and other paper must be signed by at least one attorney of record in the attorney’s name--or by a party personally if the party is unrepresented.”). 2The Rehabilitation Act provides that: “[n]o otherwise qualified … 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.

Panetta v. SHEAKLEY GROUP, INC.

707 F. Supp. 2d 767 · District Court, S.D. Ohio · Apr 14, 2010

Accordingly, summary judgment is clearly proper “against a party who fails to make a showing sufficient to establish the existence of an element essential to the party’s case and on which that party will bear the burden of … Defendants clearly fabricated Plaintiffs performance problems.

Young

District Court, S.D. Ohio · Jun 30, 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 which clearly does not exist. Neitzke, 490 U.S. at 327. … Construed liberally, Plaintiff’s allegations establish only that Defendants did not act.

Larson v. Eppinger

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

ANALYSIS It is well established that “the ADA and the Rehabilitation Act apply to prisoners.” Key v. … Similarly, § 504 of the RA provides that “[n]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of,

Allied Artists Pictures Corp. v. Rhodes

473 F. Supp. 560 · District Court, S.D. Ohio · Jun 22, 1979

The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States. 209 U.S. at 159-60 , 28 S.Ct. at 454 . … This interdiction has a direct and substantial impact on plaintiffs’ heretofore established business practices.

Kendell v. Shanklin

District Court, S.D. Ohio · Jun 4, 2020

Plaintiff responds that Defendants have not established good cause to stay discovery. (Doc. 30 at 3). The Court agrees. II. … For example, a discovery stay might promote judicial economy where the defendant’s motion to dismiss “raise[s] a defense, such as absolute or qualified immunity, which must, as a matter of law, be addressed before discovery

Bishop

District Court, S.D. Ohio · Sep 3, 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 which clearly does not exist. Neitzke, 490 U.S. at 327. … Absent an express waiver, a state is immune from damages suits under the Eleventh Amendment. See Puerto Rico Aqueduct & Sewer Auth. v.

Poffenbarger v. Kendall

District Court, S.D. Ohio · Jul 19, 2022

Courts also routinely stay discovery in cases involving assertions of qualified immunity, as this defense confers “a right to immunity from trial” rather than a “mere defense to liability.” Myers v. … The District Judge, upon consideration of the motion, shall set aside any part of this Order found to be clearly erroneous or contrary to law.

Bowie v. Hamilton County Juvenile Court

District Court, S.D. Ohio · May 31, 2020

Further, the Court held that Ohio has waived Eleventh Amendment immunity against Rehabilitation Claims. (Id.). … The Court further held both Judge Hendon and Magistrate Kelley are immune from Plaintiff’s claim for damages.

Stone v. Ohio Parole Board

District Court, S.D. Ohio · Apr 1, 2021

Immunity As established, the Court must dismiss the complaint, or any portion of it, that seeks monetary relief from a defendant who is immune from such relief … The Defendant Members are likewise immune from liability under the doctrine of quasi- judicial immunity. Morrow v. Ingleburger, 67 F.R.D. 675, 863–64 (S.D.

Engineers' Club v. United States

133 F. Supp. 72 · District Court, S.D. Ohio · Apr 1, 1955

In order to reverse, it would have been required to find that the decision of the trial judge on the facts was clearly erroneous. … The principal activities of the Engineers’ Club relied upon by counsel for the defendant to establish it as a social club, are the operation of a dining room, home-night programs, smokers, dances and billiard tables.