Case law

Chappel v. Hunter

District Court, S.D. Ohio · Jul 8, 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 defense attorney, regardless of whether he is a public defender or private attorney, is not a state actor for purposes of § 1983.” Jordan v.

Bucalo v. Ohio Civil Rights Commission

District Court, S.D. Ohio · May 4, 2023

immunity; therefore, the Hamilton Court of Common Pleas lacked jurisdiction. … The fact that Plaintiff proceeds pro se does not immunize him from sanctions.

Chapman v. The State Of Ohio

District Court, S.D. Ohio · Sep 20, 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. … As an initial matter, to the extent that plaintiff seeks to remove her state criminal proceedings to this federal court, plaintiff fails to establish

City of Cincinnati v. Deutsche Bank National Trust Co.

897 F. Supp. 2d 633 · District Court, S.D. Ohio · Oct 10, 2012

The damages the City seeks are clearly economic ones that cannot be recovered in a public nuisance claim. … Apparently the Defendants and their lawyers are not always immune from these difficulties.

Cromartie v. Hale

District Court, S.D. Ohio · Feb 6, 2024

Houston Welfare Rights Org., 441 U.S. 600, 624 (1979) (Powell, J., concurring). 2Title II of the ADA provides that “no qualified individual with a disability … Accordingly, “a party moving for a preliminary injunction must necessarily establish a relationship between the injury claimed and the party’s motion.” Devose v.

Hilb v. American Smelting & Refining Co.

275 F. 384 · District Court, S.D. Ohio · Feb 15, 1921

There were five stockholders, of whom four were members of the same family, Harvey Cantor, his father, his mother, and his brother owning all but one share of stock, which was held by an employee, presumably to qualify him … Such construction seems hardly consistent with the title of “An act to establish a uniform system of bankruptcy throughout the United States.”

Turner v. Heckler

573 F. Supp. 867 · District Court, S.D. Ohio · Aug 25, 1983

Moreover, any such award could be barred, in whole or in part, by the Eleventh Amendment and principles of sovereign immunity. 12. … Even if it was, Defendants conclude that no “detailed comparison” is necessary, since “that maximum level established by the 209(b) option, when it became effective in 1974 was clearly lower than the State’s current protected

International Brotherhood of Electrical Workers Local 697 Pension Fund v. Limited Brands, Inc.

788 F. Supp. 2d 609 · District Court, S.D. Ohio · Mar 29, 2011

A special team had to be established to focus on the problems at the center. (Am. Compl. ¶ 58.) … This sales recording was also prefaced by the qualifier regarding forward-looking statements. (See *621 Doc. 36, Ex. G. at 1.)

Oliphant v. Goodmen

District Court, S.D. Ohio · Sep 24, 2020

According to plaintiff, the x-rays clearly showed that his right shoulder was “hanging off” the rotator cuff. (Id.). Plaintiff stopped wearing the sling because he believed it was not helping his shoulder. … Defendant Goodman also argues that plaintiff’s claims are barred by the statute of limitations and that she is entitled to qualified immunity and Eleventh Amendment immunity to the extent plaintiff seeks monetary damages

Lambert v. Cincinnati

District Court, S.D. Ohio · Aug 22, 2024

A Title VII plaintiff “does not have to allege specific facts establishing a prima facie case of discrimination in their complaint.” Savel v. … remaining allegations, i.e., that her supervisors instructed her to move to the basement, scolded her in front of another faculty member, denigrated her teaching abilities during a video call, and told her she was not qualified

Koren

District Court, S.D. Ohio · Jan 22, 2026

To qualify as clearly erroneous, “‘a decision must strike us as more than just maybe or probably wrong; it must . . . strike us as wrong with the force of a five-week-old, unrefrigerated dead fish.’” United States v. … Here, unlike in Jocke, Plaintiff has plausibly alleged that Neil qualified as a decision-maker with final authority. Proposed Am. Compl., Doc. 26-1, ¶¶ 73, 75–76.

Sells v. Wamser

158 F.R.D. 390 · District Court, S.D. Ohio · Oct 20, 1994

First, Paul establishes that the Court does have inherent power to disqualify an expert witness when a conflict of interest exists. Paul, 123 F.R.D. at 277-78 . … The District Judge, upon consideration of the motion, shall set aside any part of this Order found to be clearly erroneous or contrary to law.

Dorsey v. Postal Service (U.S.)

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

Otherwise qualified Arguing that plaintiff cannot establish that he was otherwise qualified for the CCA position, USPS points to the fact that he was terminated during the probationary … Regardless, plaintiff has established a genuine issue of material fact as to whether he is otherwise qualified for the CCA position.

Atkinson v. State Of Ohio

District Court, S.D. Ohio · Sep 14, 2022

The Amended Complaint must be dismissed against the State of Ohio because it is immune from suit. … “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.

Setty v. Village of Russellville

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

Moreover, merely facing the prospect of a subsequent, related lawsuit does not establish “plain legal prejudice.” See Bridgeport Music, Inc. v. … Even if Defendants are correct that statutory immunity clearly dictates a result in their favor on Setty’s tort claims against the Village, nothing would prevent Defendants from asserting the same defense in a subsequently

Fowler v. Browning

District Court, S.D. Ohio · Dec 27, 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. … “Failing to follow proper procedures is insufficient to establish an infringement of a liberty interest.” Grinter v. Knight, 532 F.3d 567, 574 (6th Cir. 2008) (citing Olim v. Wakinekona, 461 U.S. 238, 250 (1983)).

Lohr v. Kiefer-Erb

District Court, S.D. Ohio · Aug 15, 2022

Martin fails to qualify as an authorized decisionmaker. And the record before the Court does not contain sufficient evidence to make a ruling as a matter of law. … Thus, they have not attempted to meet their burden of establishing an exception to immunity, and they are deemed to have abandoned their state law claims. See Brown v. VHS of Michigan, Inc., 545 Fed.

JP Morgan Chase Bank, N.A. v. Horvath

862 F. Supp. 2d 744 · District Court, S.D. Ohio · Mar 23, 2012

Chase next argues that the Horvaths “provide the Court with no basis to conclude a qualifying transaction has been pled in the first place.” (Doc. No. 20 at 5.) … Actually, the opposite is established by the pleading.

Perry v. Warden Warren Correctional Institution

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

Although Plaintiff’s prior statements may qualify as impeachment evidence, they will not serve to disqualify Plaintiff’s verified statement from consideration on summary judgment. … Finally, to the extent that the record established no violation of Plaintiff’s constitutional rights, the Magistrate Judge recommended that Defendants’ invocation of qualified immunity was meritorious.

Osborn v. City of Columbus

District Court, S.D. Ohio · Aug 29, 2023

The Walker court first found that there was “a sound basis for the claim of qualified immunity” for the officers. It then went on to note that it did “not consider [the] conclusion to be barred by Fed. R. … Both parties offer well qualified experts in the area of police procedures and use of force.