Case law

National Rifle Ass'n v. Dayton Newspapers, Inc.

555 F. Supp. 1299 · District Court, S.D. Ohio · Feb 1, 1983

The district court granted summary judgment for the defendants, finding that some of the publications were absolutely immune under the Speech or Debate Clause, and that the remaining claims were not actionable because there … And I read the piece with those in mind, and again the background of long established and clearly held Dayton Daily News editorial policy and opinion on this and like issues. Teepen deposition, p. 61.

Pough v. DeWine

District Court, S.D. Ohio · May 24, 2021

“Ohio has not waived its sovereign immunity in federal court.” Mixon v. State of Ohio, 193 F.3d 389, 397 (6th Cir. 1999). … A plaintiff cannot establish the individual liability of any defendant for constitutional violations absent allegations showing that that defendant was personally involved in the conduct which forms the basis of his claims

Exel Direct, Inc. v. Nautilus Ins. Co.

314 F. Supp. 3d 885 · District Court, S.D. Ohio · Mar 30, 2018

Because the injuries alleged in the underlying cases did not occur during the policy period, they do not qualify as covered property damage under the policy, and Nautilus does not owe Exel a duty to defend or indemnify as … There is no duty to defend claims within a complaint that "are clearly and indisputably outside the contracted coverage." Ohio Govt. Risk Mgt. Plan v.

Doe v. Finneytown Local School District

District Court, S.D. Ohio · Nov 16, 2021

While section 2744.03(A)(5) confers immunity on a political subdivision, section (A)(6) confers immunity on an employee of a political subdivision. … A court assessing the immunity of a political subdivision applies a three-tiered analysis.

Compton v. Barrett

District Court, S.D. Ohio · Jan 27, 2020

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. … Its separation of powers rationale establishes that, absent express congressional authorization, sensitive security clearance decisions should be free from interference by judicial officers with little expertise in the

Lattimore v. Cincinnati Premier Finance

District Court, S.D. Ohio · Sep 9, 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. … amended complaint and attachments do not provide any factual support to establish that Defendant violated federal or state law.

Hawthorne v. DaVita Inc.

District Court, S.D. Ohio · Sep 16, 2019

C-061039, 2007-Ohio-5132, 2007 WL 2812912, ¶ 11 [yes— because while nursing expert was “arguably” not competent to establish that injuries had caused decedent's death, she was qualified to state that … App. 2014) (“Although Nurse Budge is arguably not competent to establish that the subarachnoid hemorrhage caused Carte's death after the fall, she was qualified to express the opinion that the staff's alleged breach of

Hunt v. Licking County Sheriff Randy Thorp

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

and (b) otherwise qualified. … Here, Plaintiff has failed to establish a prima facie case. As discussed in the preceding section, Plaintiff is not a qualified individual within the meaning of the ADA.

United States v. Claycraft Company

364 F. Supp. 1358 · District Court, S.D. Ohio · Sep 26, 1972

The Court has held, as a matter of law, that on the evidence, the Minerals Yearbook’s statistics do not establish a representative market or field price because they are not clearly limited to mineral products of like kind … If the taxpayer establishes to the satisfaction of the Commissioner that another method of computation, other than the computation of profits proportionate to costs clearly reflects the gross income from the property, then

Michael Mitchell, Jr. & Kyle Finnell v. Annette Chambers-Smith, et al.

District Court, S.D. Ohio · Mar 10, 2026

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. … To establish liability under § 1983 against an individual defendant, a plaintiff must plead and prove that the defendant was personally involved in the conduct that forms the basis of his complaint. Greene v.

Cunningham v. Beasley

District Court, S.D. Ohio · Oct 29, 2024

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. … Cunningham has not alleged the requisite amount in controversy to establish diversity jurisdiction. In addition, Ms. Cunningham and Ms.

Galloway

District Court, S.D. Ohio · Feb 17, 2026

An action has no legal basis when the defendant is immune from suit or when a plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327 (citation omitted). … Absent an express waiver, a state is immune from damages suits under the Eleventh Amendment. See Puerto Rico Aqueduct & Sewer Auth. v.

United States v. Melnikas

929 F. Supp. 276 · District Court, S.D. Ohio · May 24, 1996

It is clearly established that an involuntary confession may result from psychological, as well as physical coercion. Arizona v. … While promises of leniency that amount to a grant of immunity may render a confession invalid, see United States v.

Secora v. Fox

747 F. Supp. 406 · District Court, S.D. Ohio · Dec 1, 1989

McCabe clearly compromised his ability to perform military service was conspicuously unsupported by evidence in the record — evidence indicating that Sgt. … Members of the Air Force serving in the active military service represent the military establishment 24 hours a day.

Kaback

District Court, S.D. Ohio · Sep 1, 2026

To establish a prima facie disability discrimination claim, a plaintiff must show that (1) she is disabled, or her employer regarded her as disabled; (2) she was “otherwise qualified” to perform her job; and (3) her employer … Courts have endorsed applying Rule 7(a)(7) in cases where, for example, the plaintiff must prove the defendant’s improper motive to overcome an affirmative defense of qualified immunity, see Goad v.

Day v. NLO

851 F. Supp. 869 · District Court, S.D. Ohio · Mar 22, 1994

Services provided by school nurses or other qualified personnel are “school health services” that must be provided as supportive services. Id. … As to the cost of this care, the evidence indicated that a properly qualified individual could be retained at an hourly rate of $9.

TriHealth, Inc. v. Board of Commissioners

347 F. Supp. 2d 548 · District Court, S.D. Ohio · Dec 10, 2004

Thus, TriHealth cannot establish a due process violation solely from a procedural violation. … Clearly, Plaintiffs’ positions are incompatible: the Court could not grant summary *559 judgment to TriHealth, or Defendants of course, if the Court found that there were disputed issues of material fact.

LSS Software Holdings, Inc. v. Loren K. Miller, Director of the Nebraska Service Center, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security

District Court, S.D. Ohio · Mar 27, 2020

“As such, the record does not establish that [Larsen] was employed abroad for at least one year in the three years prior to entering the U.S. in a qualifying capacity.” /d., PAGEID#394. … Accordingly, the Court agrees with the Agency’s finding that ” the record does not establish that the beneficiary was employed abroad for at least one year in the three years prior to entering the U.S. in a qualifying capacity

Liberty Leasing Co. v. MacHamer

6 F. Supp. 2d 714 · District Court, S.D. Ohio · May 28, 1998

A creditor may not require the *717 signature of a credit applicant’s spouse, other than a joint application for credit, where the applicant qualifies independently under the creditor’s standards for creditworthiness. 12 … The lease agreements clearly provided that' the lessees, Denbeigh and Kemp River, were obligated to make monthly payments, referred to as “rent payments” in Paragraph Four, in exchange for the “quiet use and enjoy[ment]”

Chapman v. Franklin County Sheriff

District Court, S.D. Ohio · Jul 22, 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. … App. 2008) (“[P]olitical subdivisions are immune from liability from intentional tort claims.”)).