Case law

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  • Cummings v. Husted

    795 F. Supp. 2d 677 · District Court, S.D. Ohio · Jun 8, 2011

    Additionally, it cannot be disputed that the proceedings in Hamilton County implicate an important state interest, as the “oversight of state and local elections is clearly an important state interest.” … The LetOhioVote.org Plaintiffs do not challenge the Secretary’s contention that the first two requirements of the Younger abstention doctrine are established here.

    Cited 12 timesPublished
  • Hill

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

    Other claims were dismissed for various reasons, including judicial immunity, Eleventh Amendment immunity, and statute of limitations. … There would be no purpose in allowing this matter to go forward in view of the fact that it is clearly time-barred. See Fraley v.

    Cited 0 timesUnknown
  • Roemer v. City of Dayton

    496 F. Supp. 2d 873 · District Court, S.D. Ohio · Jul 6, 2007

    Even work performed off-duty can qualify as work and entitle an employee to compensation under the FLSA. See Steiner v. … or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities

    Cited 0 timesPublished
  • Frontera v. City of Columbus

    619 F. Supp. 2d 493 · District Court, S.D. Ohio · Dec 23, 2008

    Here, Meader’s order prohibiting Plaintiff from contacting present or past members of the Explorers clearly does not regulate the content of speech. … Meader’s order does not have an expiration date but was clearly directed at the investigation about to begin. No action was taken against Plaintiff for any alleged violation of the order.

    Cited 1 timesPublished
  • Ex parte Daugherty

    299 F. 620 · District Court, S.D. Ohio · May 31, 1924

    This, however, must be qualified by the statement that it has such power only in case there is a duty of obedience on the part of such outsider. … We do not drag the members of the Cabinet or the President to testify before a committee in aid of legislation; but I say, without hesitation, they can claim no immunity which does not belong equally to the humblest citizen

    Cited 5 timesPublished
  • Passa v. City of Columbus

    748 F. Supp. 2d 804 · District Court, S.D. Ohio · Sep 28, 2010

    Principal purpose The FDCPA does not clearly define “debt collection.” … Finally, plaintiff has not established any resulting injury. Because plaintiff has not established each of the elements necessary to her fraud claim, that claim must fail. D.

    Cited 6 timesPublished
  • Herman v. Ohio University

    District Court, S.D. Ohio · Nov 22, 2019

    To bring a successful § 1983 claim under the Fourteenth Amendment’s Equal Protection Clause, Herman must allege the same elements as are required to establish a disparate treatment claim under Title VII. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

    Cited 0 timesUnknown
  • Ball v. Olentangy Local School District Board of Education

    District Court, S.D. Ohio · Feb 28, 2022

    The Board had to “respond in a manner that [was] not clearly unreasonable.” Id. … To establish a prima facie case of discrimination under Title II, a plaintiff must allege facts showing that she “(1) is disabled under the statutes, (2) is ‘otherwise qualified’ for participation in [a government] program

    Cited 0 timesUnknown
  • Carpenter-Barker ex rel. Carpenter v. Ohio Department of Medicaid

    187 F. Supp. 3d 881 · District Court, S.D. Ohio · May 20, 2016

    therefore, violates the ADA, the Rehabilitation Act, and implementing regulations, all of which require that public services be provided to disabled persons “in the most integrated setting appropriate to the needs of the qualified … Gean, 330 F.3d at 773 (holding that plaintiffs failed to show a violation of clearly established law where their medical care services were not diminished even though the state failed to provide adequate notice that it was

    Cited 0 timesPublished
  • Ponder v. Columbus Police Department

    District Court, S.D. Ohio · Feb 18, 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. … was clearly on notice that the training in this particular area was deficient and likely to cause injury.’”

    Cited 0 timesUnknown
  • Laufman v. Oakley Bldg. & Loan Co.

    408 F. Supp. 489 · District Court, S.D. Ohio · Feb 13, 1976

    The use of appraisal forms which call for racial information regarding the neighborhood clearly violates the well-established legal prohibition against consideration of racial factors in real estate transaction.” … Under these provisions, plaintiffs clearly state a cause of action.

    Cited 36 timesPublished
  • Bouquett v. Clemmer

    704 F. Supp. 794 · District Court, S.D. Ohio · Nov 7, 1988

    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 … Agent Kopp testified that he had investigated approximately 150 situations concerning arrangements between doctors and pharmacists to divert drugs, thus qualifying him as a ‘diversion expert’.

    Cited 0 timesPublished
  • McKeny v. Middleton

    242 F. Supp. 3d 661 · District Court, S.D. Ohio · Mar 16, 2017

    and because the Ohio Court of Claims determined that there had not been a conditional waiver of sovereign immunity with respect to the individual defendants because they had acted within the scope of their employment in … And the Faculty Handbook both established procedural rules, followed by the University in this case, by which tenure decisions were made and clearly delineated the tenure review process from the grievance process. Cf.

    Cited 0 timesPublished
  • Board of Education v. Department of Health, Education

    396 F. Supp. 203 · District Court, S.D. Ohio · Apr 18, 1975

    Burden on Local Educational Agency To Establish Its Eligibility The grant process established by the Emergency School Aid Act is an executive function, within the jurisdiction of the Dept. HEW. … (A-7, p. 2) This letter, therefore clearly indicates that the CSD had not established its eligibility for ESAA funding prior to any consideration by HEW of the effect of the nonimplementation resolution (or for that matter

    Reversed in part, on other grounds by Board of Education of the City School District of the City of Cincinnati v. Department of Health, Education and Welfare, Region 5, 532 F.2d 1070 (1976)Cited 13 timesPublished
  • Foster v. Ohio D.R.C.

    District Court, S.D. Ohio · Jun 16, 2023

    A claim of intentional discrimination under Title II requires proof that the plaintiff 1) had a qualifying disability, 2) was otherwise qualified to participate in the public program, service, or activity at issue … There are several reasons why it is necessary for Plaintiff to clearly identify the claims he is asserting in this lawsuit.

    Cited 0 timesUnknown
  • Marcum v. State of Ohio

    District Court, S.D. Ohio · May 8, 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. … Because Ohio has not waived its sovereign immunity in federal court, it is entitled to Eleventh Amendment immunity from suit. Mixon v. State of Ohio, 193 F.3d 389, 397 (6th Cir. 1999).

    Cited 0 timesUnknown
  • Cowden v. Montgomery County Society for Cancer Control

    591 F. Supp. 740 · District Court, S.D. Ohio · Jan 27, 1984

    Clearly conduct occurring prior to that date cannot be construed as a breach of that pension plan. … employer real property or qualifying employer securities (as defined in section 1107(d)(4) and (5) of this title).

    Cited 22 timesPublished
  • Boyce v. City Hall for Springfield Ohio

    District Court, S.D. Ohio · Apr 28, 2021

    #7, PagelD##116-25.° 3 Even if the proceedings had been resolved in Plaintiffs’ favor, it is highly likely that, as a prosecutor, Defendant Wilson would be entitled to either absolute or qualified immunity on all … Bradley, § The Court makes no determination at this time as to whether Defendant Wilson may be entitled to absolute or qualified immunity on the procedural due process claims. 20

    Cited 0 timesUnknown
  • Cowan v. Doe 1

    District Court, S.D. Ohio · Jun 20, 2023

    The Court must dismiss a complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. … Treadway, 75 F.3d 230, 240 (6th Cir. 1996) (“Sixth Circuit precedent clearly holds that new parties may not be added after the statute of limitations has run”); Fed. R. Civ.

    Cited 0 timesUnknown
  • Brevaldo v. Muskingum County Sherriffs Office

    District Court, S.D. Ohio · Jan 17, 2020

    Qualified Immunity Defendants maintain that they are entitled to qualified immunity because, “[a]fter viewing all the evidence presented herein, there is no evidence that a constitutional … Until a jury resolves those factual disputes, those Defendants are not entitled to qualified immunity. G.

    Cited 0 timesUnknown

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