Case law

Enoch v. Hamilton County Sheriff's Office

District Court, S.D. Ohio · Mar 2, 2022

Sixth Circuit Determination As part of it qualified immunity analysis in this case, the Sixth Circuit stated: Two things are undisputed: that Enoch and Corbin were recording in … The Court then concluded that the arresting deputies had probable cause to arrest Enoch and Corbin for violating Rule 33(D)(6), the recording ban, and were, therefore, entitled to qualified immunity.

Dent v. United States Postal Service

538 F. Supp. 1079 · District Court, S.D. Ohio · May 13, 1982

Postal Service; in paragraph five, that plaintiff fulfilled all requirements and obligations pursuant to the agreement in order to qualify for consideration for reinstatement; and, in paragraph six, on February 5, 1980, that … We find, however, that this is not the proper case in which to make new law and establish a federal statute of limitations for section 301 cases.

Martin v. Steubner

485 F. Supp. 88 · District Court, S.D. Ohio · Oct 30, 1979

But a highly reasonable inference from this statement would be that the arena is a currently profitable venture, which was clearly not true. … Plaintiff points out that defendants have the burden of proof to establish that the violations did not materially affect the protection contemplated, Biernbaum v.

Cornell v. Butler County Probate Court

District Court, S.D. Ohio · Oct 18, 2021

If true, these facts would establish Cady as an “employer,” subject to the FMLA, were it not for the setting of a “public agency.” … Sovereign immunity forecloses FMLA claims against the probate court. See Davis v. Jackson Cty. Mun. Ct., 941 F.Supp.2d 870, 878-79 (S.D. Ohio 2013).

Hendricks v. Total Quality Logistics, LLC

292 F.R.D. 529 · District Court, S.D. Ohio · Jan 18, 2013

Grayson are adequate and qualified to represent the LAET subclass in this matter. … These issues can be determined based on common proof, and common questions clearly predominate in this case. b.

Gibson v. Yaw

District Court, S.D. Ohio · Apr 7, 2023

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. … While a plaintiff may establish that he was deprived of a liberty or property interest because of either an established state procedure or pursuant to a random and unauthorized act, he must also establish that available

Chapman v. Lawson

89 F. Supp. 3d 959 · District Court, S.D. Ohio · Feb 24, 2015

Agent Lawson further contends that he is entitled to qualified immunity from plaintiffs claims against him because his alleged conduct was performed within the scope of his employment; there was no violation of plaintiffs … constitutional rights as his arrest was supported by probable cause; and his investigation into plaintiffs drug trafficking activity did not violate any clearly established law.

Rolle v. Lewis

District Court, S.D. Ohio · Mar 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. … Shields, 2016 WL 3093898 at *2 (noting nine cases filed against judicial officers who enjoy absolute immunity).

Jones

District Court, S.D. Ohio · May 29, 2026

Jones’s FMLA, Title VII, and ADA claims are clearly barred by the applicable statutes of limitations. The Court thus GRANTS Defendants’ Motion as to Counts I, III, and IV. 2. … Jones alleges that he was a qualified African American employee and that Enterprise, acting through white managers, denied him promotions “in favor of similarly situated, less qualified white candidates.”

Katter v. Ohio Employment Relations Board

492 F. Supp. 2d 851 · District Court, S.D. Ohio · Jun 21, 2007

Bd. of Educ., 330 U.S. 1 , 67 S.Ct. 504 , 91 L.Ed. 711 (1947), “[the Supreme] Court has adhered to the principle, clearly manifested in the history and logic of the Establishment Clause, that no State can ‘pass laws which … On the other hand, non qualifying employees — who may have the same religious beliefs — must file an action under § 701(j) of Title VII. 42 U.S.C. § 2000e(j).

Laichev v. JBM, Inc.

269 F.R.D. 633 · District Court, S.D. Ohio · Jun 19, 2008

Class Action The party seeking class certification bears the burden of proof to establish that class certification is appropriate. In re American Med. Sys., Inc., 75 F.3d 1069,1079 (6th Cir.1996). … of a class representative: (1) the representative must share common interests with unnamed class members, and (2) it must be apparent that the class representative will vigorously represent those common interests through qualified

Williams v. Taylor

District Court, S.D. Ohio · Apr 24, 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 that clearly does not exist. Neitzke, 490 U.S. at 327. … “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 absence

McGinnis v. United States Air Force

266 F. Supp. 2d 748 · District Court, S.D. Ohio · Jan 21, 2003

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), a plaintiff must first establish a prima facie *760 case of discrimination. 4 In order to establish a prima facie case of racial discrimination, the plaintiff must … In addition, by virtue of being terminated from her position, Plaintiff clearly has suffered an adverse employment action.

Franklin v. L.C. Drake Hospital

District Court, S.D. Ohio · Nov 6, 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. … Franklin has not alleged the requisite amount in controversy to establish diversity jurisdiction. In addition, the complaint alleges that Ms. Franklin and all of the defendants are Ohio citizens.

Hubbard v. Chime Financial, Inc.

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. … In the case presented, Plaintiff alleges that Chime is a “financial technology company” but does not allege that it qualifies as a “financial institution” that is subject to the EFTA.

earl v. Hamilton County Municpal Criminal Court State of Ohio

District Court, S.D. Ohio · Dec 10, 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. … “It is firmly established that a municipality, or as in this case a county, cannot be held liable under § 1983 for an injury inflicted solely by its employees or agents.” Gregory v.

Merrick v. Warden Noble Correctional Institution

District Court, S.D. Ohio · Mar 18, 2024

and to recommend dismissal of Plaintiff’s Amended Complaint, or any portion of it which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune … The first of these elements is satisfied here, as filing a lawsuit against a prison official clearly qualifies as protected conduct. Bell v.

Bedford Signals Corporation v. Resonant Sciences LLC

District Court, S.D. Ohio · Oct 17, 2025

Where FOUO-marked material qualifies as CUI under current guidance, it shall be treated accordingly. c. Compliance and Non-Disclosure. … if any document or ESI (including, without limitation, metadata) received by a party is on its face clearly subject to a legally recognizable privilege, immunity, or other right not to produce such information

Little Hocking Water Ass'n v. E.I. du Pont de Nemours & Co.

90 F. Supp. 3d 746 · District Court, S.D. Ohio · Mar 10, 2015

It is well established that experience-based testimony satisfies Daubert’s reliability requirements. United States v. … Schwartz’s interpretation of the data is so “clearly” incorrect. This Court finds that none of Defendant’s charges of cherry-picking data, or relying on weak data sets, ultimately undermine the reliability of Dr.

Miller v. Blackwell

348 F. Supp. 2d 916 · District Court, S.D. Ohio · Oct 27, 2004

Craft's and Lawson's motion to intervene is clearly timely, as it was filed the day after Plaintiffs filed suit and the suit had not yet progressed. … Section 3503.24 provides: Any qualified elector of the county may challenge the right to vote of any registered elector not later than eleven days prior to the election.