Case law

Kanu v. City Of Cincinnati

District Court, S.D. Ohio · Oct 29, 2019

Plaintiffs must show that state law “clearly bars the interposition of the constitutional claims” to avoid abstention. □□□ (citing Am. … The County defendants also argue that plaintiff's claims against them should be dismissed on the basis of absolute prosecutorial immunity, absolute judicial immunity, and qualified immunity. (/d. at 5-9).

Straughter v. Eddy

District Court, S.D. Ohio · Sep 27, 2023

District Judge Jeffrey Helmick denied the defendants’ motion to dismiss, holding that the plaintiff had plausibly alleged the violation of a clearly established principle of law. … The court also denied qualified immunity on grounds that Sallier clearly established that legal mail from a court cannot be opened outside the presence of a prisoner who has specifically requested otherwise.

Manns v. PHH Mortgage Services

District Court, S.D. Ohio · Aug 14, 2023

On November 9, 2022, the Court entered a Preliminary Pretrial Order, establishing a pretrial case schedule including a discovery deadline of August 1, 2023. (ECF No. 8.) … A discovery stay may serve the interests of judicial economy, for example, where “the defendant has raised a defense, such as absolute or qualified immunity, which must, as a matter of law, be addressed before discovery

Deane v. Quest Diagnostics LLC

District Court, S.D. Ohio · Sep 25, 2020

The Third- Party Defendants argue the University of Cincinnati’s website establishes Dr. … Here, the University of Cincinnati’s website sufficiently establishes Nurse Boerschig’s employment with the University.

Campbell v. Hamilton County, Ohio

78 F. Supp. 2d 713 · District Court, S.D. Ohio · Dec 17, 1999

Defendants Hitz and Shannon also assert that they are entitled to qualified immunity in relation to Plaintiffs personal claims against them. … Having concluded that no genuine issues of material fact exist as to the merits of this case, the Court finds that we need not address Defendants’ arguments concerning immunity under § 1983 or the responsibility of the State

Pope v. Harris

508 F. Supp. 773 · District Court, S.D. Ohio · Feb 13, 1981

Further, the Court considered whether the Magistrate’s recommendations in such cases should be reviewed by the district judge according to the clearly erroneous standard established by Fed.R. of Civ. Proc. 53(e). … DISCUSSION OF LA W AND FACTS In order to qualify for benefits in the present case, Plaintiff must establish that she is disabled under 42 U.S.C. § 423 (d)(1) or 1382c(a)(3)(A).

Simkins v. Spears

District Court, S.D. Ohio · Sep 18, 2019

from suit, or when the plaintiff claims a violation of a legal interest which clearly does not exist. … See 2 “It is well established that judges are entitled to absolute judicial immunity from suits for money damages for all actions taken in the judge’s judicial capacity, unless these actions are taken in the complete

Harcourt v. Cincinnati Bell Telephone Co.

383 F. Supp. 2d 944 · District Court, S.D. Ohio · Aug 18, 2005

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 … The burden is on the employer to establish that the certification is invalid or inauthentic.

Sowell v. United States

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

The overlap will likely necessitate circular parsing of past PLRA screens to determine whether a dismissal qualifies as a strike. … But the Court is not required to accept factual allegations that are “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F. App’x 427, 429–30 (6th Cir. 2009).

Ohio ex rel. Montgomery v. Louis Trauth Dairy, Inc.

925 F. Supp. 1247 · District Court, S.D. Ohio · Mar 11, 1996

Neither, economics or statistics seems to completely qualify as “scientific knowledge.” Although the proffered experts’ testimony may not qualify as “scientific knowledge,” the reasoning of Daubert still applies. … As the Third Circuit pointed out, “the testimony clearly will assist the trier of fact because it makes sense out of pricing data through the use of multiple regression analysis.

Fowler v. Browning

District Court, S.D. Ohio · Mar 11, 2024

Qualified immunity Defendant’s exhaustion affirmative defense is dispositive of all of plaintiff's claims. … As such, the Court need not reach defendant’s arguments that he is entitled to qualified immunity. IT IS THEREFORE RECOMMENDED THAT: 1.

Santos v. Chambers-Smith

District Court, S.D. Ohio · Aug 3, 2020

Similarly, the Court rejects the Magistrate Judge’s finding that Defendants are not entitled to qualified immunity. See, e.g., Mitchell v. … Schlabach, 864 F.3d 416, 420 (6th Cir. 2017) (qualified immunity applies unless the defendants’ conduct constituted a clearly-established violation of a constitutional right).

Spencer v. Hilton Corporate Office

District Court, S.D. Ohio · Nov 12, 2024

The nature of Plaintiff’s claim is not clearly stated, although the EEOC charge attached to her original Complaint suggests her intention to bring a Title VII claim. … To establish a prima facie case of discrimination, Plaintiff must allege that she is a member of a protected group; (2) she was subjected to an adverse employment decision; (3) she was qualified for the position; and (4

Tye v. City of Cincinnati

794 F. Supp. 824 · District Court, S.D. Ohio · May 21, 1992

In the Youngblood I consent decree, the parties clearly prohibited the City from seeking information from applicants about their arrest records. J. ex. I, at ¶ 14. … In order to establish a prima facie case of adverse impact, plaintiffs must establish two elements: (1) that there is adverse impact in hiring demonstrated through statistical evidence; and, (2) that the disparity plaintiffs

Habtemariam-Brown v. Christensen

District Court, S.D. Ohio · Nov 14, 2024

While a private entity can qualify as a state actor in certain limited circumstances, Plaintiff has not alleged any such circumstances in her Complaint. Manhattan Cmty. Access Corp. v. … Moreover, “[i]t is well established that a judge is absolutely immune from suit seeking monetary relief, so long as the judge was performing judicial function.” Probst v.

Thompson v. Ohio Dept. of Rehab & Corrections

District Court, S.D. Ohio · Apr 29, 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 which clearly does not exist. Neitzke, 490 U.S. at 327. … “The United States Supreme Court has established that, in order to have standing to bring a claim for denial of access to the courts, the inmate must establish that he suffered an actual injury as a result of the alleged

Collins v. City of Norwood Ohio

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

And absent something of the sort, they do not plausibly establish recklessness. … One shared argument—that neither the Psychiatrist Defendants nor the UCMC Defendants qualify as “state actors” subject to liability under § 1983—carries the day for both groups, so the Court will focus its attention there

Brunton v. United States

518 F. Supp. 223 · District Court, S.D. Ohio · Jun 30, 1981

Clearly, the plaintiffs’ complaint, alleging political patronage dismissals, states a First Amendment claim upon which relief may be granted, on the basis of Elrod v. … The Act also established Mr. ■Naylor’s position of Under Secretary for Small Community and Rural Development.

Conners v. SpectraSite Communications, Inc.

465 F. Supp. 2d 834 · District Court, S.D. Ohio · Oct 12, 2006

The employee must establish that a reasonable accommodation is possible, and that he is qualified for the position with such reasonable accommodation. Hoskins v. … Under the ADA, a plaintiff must show the following to establish a prima facie case of improper termination or disparate treatment: 1) that he is disabled; 2)that he is otherwise qualified for the position, with or without

In re Ohio Execution Protocol Litigation

840 F. Supp. 2d 1044 · District Court, S.D. Ohio · Jan 11, 2012

ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The burden falls squarely to the plaintiff, who must overcome the presumption of rationality by alleging that the defendant acted in a manner clearly contrary to law. Id.