Case law

Ridge Corporation v. Kirk National Lease Co.

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

Because such motions are “generally used to ensure expeditious and evenhanded management of trials by eliminating evidence that is clearly inadmissible for any purpose,” unless evidence is clearly inadmissible on all potential … Unless Plaintiffs establish that Mr. Sharpe is “also a qualified technical expert, his testimony on these kinds of technical issues is improper and thus inadmissible.”

Gabbard v. Butler County, Ohio

District Court, S.D. Ohio · Mar 20, 2025

Direct evidence in this context is satisfied if Plaintiff establishes that the BCAC denied her FMLA benefits to which she was entitled. Id. … The Court now turns to Defendants’ sovereign immunity defense. (Defendants’ 12 Reply, Doc. 32, Pg. ID 1148.)

Wells v. Jefferson County Sheriff Department

159 F. Supp. 2d 1002 · District Court, S.D. Ohio · Mar 28, 2001

plaintiff must satisfy two threshold requirements: “(1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities … Any allegations must be clearly articulated; mere conclusory allegations are insufficient to state a claim under § 1983. See Rhodes v. Chapman, 452 U.S. 337 , 101 S.Ct. 2392 , 69 L.Ed.2d 59 (1981).

Treadwell v. Mnuchin

District Court, S.D. Ohio · May 3, 2021

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. … The website of the Internal Revenue Service dedicated to the CARES Act stimulus payment states this clearly: “Your [Economic Impact] Payment will be offset if you owe past-due child support.”

South Ridge Baptist Church v. Industrial Commission

676 F. Supp. 799 · District Court, S.D. Ohio · Dec 28, 1987

The state’s regulatory scheme is reasonable and offers the least restrictive means available in that it permits a qualified employer who genuinely would be capable of caring for its own employees to opt for self-insurance … However, the degree of entanglement is clearly revealed by the terms of the Ohio workers’ compensation laws. Those statutes do not require a blanket inspection of all church documents and records.

Winkle v. United States

162 F. Supp. 2d 918 · District Court, S.D. Ohio · Aug 14, 2001

This is something many well qualified physicians in this situation would do as a last resort. … See 28 U.S.C. § 2680 (lt) (providing that the United States’ waiver of immunity does not apply to "[a]ny claim arising in a foreign country”).

Epps v. United States of America

District Court, S.D. Ohio · Nov 28, 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. … The United States has waived its sovereign immunity with respect to tax-refund lawsuits in the district courts. 28 U.S.C. § 1346(a).

Peeples

District Court, S.D. Ohio · Jul 23, 2026

No 104-132, 110 Stat. 1214)(the "AEDPA"), federal courts are authorized to grant habeas corpus relief only if a petitioner shows his or her conviction or sentence violated clearly established federal law as set forth … “One governing legal principle emerges as "clearly established" under § 2254(d)(1): A gross disproportionality principle is applicable to sentences for terms of years.” Lockyer v.

Ball v. Kasich

307 F. Supp. 3d 701 · District Court, S.D. Ohio · Mar 30, 2018

The research supporting community-based services and supports for people with disabilities as well as evidence from other states that have made this transition successfully clearly demonstrates that people with significant … Falcon , 457 U.S. 147 , 160, 102 S.Ct. 2364 , 72 L.Ed.2d 740 (1982), and "rigorous analysis" may involve some overlap between the proof necessary for class certification and the proof required to establish the merits of the

Pough v. DeWine

District Court, S.D. Ohio · Jun 25, 2024

Id., Section VI.G.1. 2 This code provision previously defined Legal Mail as: mail addressed to an inmate clearly bearing the return address of an attorney-at-law, a public service law office … Ohio July 25, 2023) (denying motion to dismiss a claim about legal mail and denying qualified immunity); - Leach v. DeWine, No. 3:22-cv-528, 2023 WL 4352553 (N.D.

Garr v. WARDEN, DAYTON CORRECTIONAL INSTITUTION

782 F. Supp. 2d 502 · District Court, S.D. Ohio · Mar 17, 2011

A legal principle is “clearly established” for purposes of habeas corpus review “only when it is embodied in a holding of [the Supreme] Court.” Thaler v. Haynes, — U.S.-, 130 S.Ct. 1171 , 1173, 175 L.Ed.2d 1003 (2010). … The focus on the latter inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and ... an unreasonable application is different from an incorrect one. Bell v.

Merkel v. Scovill, Inc.

573 F. Supp. 1055 · District Court, S.D. Ohio · Nov 2, 1983

The testimony at trial clearly established that the “state investigation” was OCRC’s investigation of Cain’s age discrimination charge. … We find the argument dissembling as the testimony clearly established that Scovill did not open the boxes prior to discharging Cain and Hughes.

Southern Ohio Coal Co. v. Marshall

464 F. Supp. 450 · District Court, S.D. Ohio · Nov 6, 1978

Hill has been unable to find other employment, and his family has qualified for food stamps. … Under these circumstances, then, plaintiff clearly has no adequate administrative remedy to pursue in its attempt to resolve this claim.

Christ v. University of Findlay

District Court, S.D. Ohio · Feb 11, 2020

In its motion, Ultimate Rehab did not argue that Christ was not qualified; hence, Christ did not have to respond by establishing that she was qualified for her claims against Ultimate Rehab. … While the record is clear in establishing Christ’s interest in and dedication to pursuing occupational therapy, it is also clear that she was not qualified at these times to serve at Ultimate Rehab.

Harrison v. Dayton Municipal Court of Ohio

District Court, S.D. Ohio · May 24, 2024

A claim has no arguable basis in law if it is based on a legal interest that clearly does not exist or if the defendant is immune from suit. Neitzke, 490 U.S. at 327. … It is well-established that “prosecutors are absolutely immune from liability under § 1983 for their conduct insofar as that conduct is intimately associated with the judicial phase of the criminal process.” Cady v.

Heis v. Hamilton County Government

District Court, S.D. Ohio · Jul 28, 2025

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. … “It is firmly established that a municipality, or ... a county, cannot be held liable under § 1983 for an injury inflicted solely by its employees or agents.” Gregory v.

Reeb v. Ohio Department of Rehabilitation & Correction Belmont Correctional Institution

221 F.R.D. 464 · District Court, S.D. Ohio · Jun 2, 2004

Furthermore, they claim that BeCI uses the “temporary position” to place hand-selected men into positions over more qualified women. … Individualized issues will arise in order to establish how each class member has been harmed by the Defendant’s discriminatory policy.

Brock

District Court, S.D. Ohio · Oct 22, 2025

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. … Defendants also asserted they are entitled to qualified immunity. The Court granted Defendants motion and dismissed the action on December 8, 2023. Id.

University of Cincinnati v. Shalala

867 F. Supp. 1325 · District Court, S.D. Ohio · Nov 8, 1994

The facility is able to demonstrate clearly that these services, procedures or supplies and its per treatment costs are prudent and reasonable when compared to those of facilities with a similar patient mix.... … Clearly stated at 42 C.F.R. § 413.170 (f)(5), the burden of proof was on the plaintiff, and the plaintiff only, to show that the excess overhead costs were directly attributable to the atypical patient mix.

Sams v. Franklin County, Ohio

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

Sams’s insistence that the form clearly reads “Sgt. Muncy” (it does not) is of little help to him. Given the dearth of evidence that “Sgt. … Qualified Immunity The Defendant Officers argue that should this Court find they were deliberately indifferent to Mr. Sams’s serious medical needs, they are nonetheless entitled to qualified immunity.