Case law

In Re Huffy Corp. Securities Litigation

577 F. Supp. 2d 968 · District Court, S.D. Ohio · Sep 17, 2008

Chandler, 364 F.3d 671 (6th Cir.2004), the Sixth Circuit set forth the elements which must be established in order to impose liability under § 20(a): Section 20(a) thus establishes two requirements for a finding of control … Such an allegation does not establish § 20(a) liability on the Defendants. Id. In addition, Defendants assert that the Plaintiffs have not alleged sufficient facts to establish that they exercised control over Huffy.

El-Bey v. Walker

District Court, S.D. Ohio · Apr 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. … App’x. 182, 184 (6th Cir. 2003) (“Such a random and isolated incident [of alleged interference with the plaintiff’s mail] is insufficient to establish a constitutional violation.”); Johnson v.

State of Ohio v. United States Civil Service Commission

65 F. Supp. 776 · District Court, S.D. Ohio · Apr 22, 1946

The Bureau of Unemployment Compensation of the State of Ohio, as Patterson’s employer, qualified under that provision, and Patterson likewise met the qualifications as an “officer or employee”. … That the power to appropriate federal funds has been exclusively entrusted to •Congress is too well established to be questioned or argued.

Van Oliver v. State of Ohio Housing Department

District Court, S.D. Ohio · Feb 26, 2024

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. … He pre-qualified for the Hope assistance program in May 2021 but it did not cover the rental request. (Id.)

Warner v. McLean Trucking Co.

627 F. Supp. 203 · District Court, S.D. Ohio · Nov 22, 1985

Therefore the union’s failure to do so was clearly not so egregious as to constitute a breach of the duty of fair representation. … Their motion for summary judgment based on their arbi-tral immunity must therefore be denied. (2) Factual Basis for Breach of Duty of Fair Representation.

Taper v. Branch

District Court, S.D. Ohio · Jun 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. … A plaintiff can overcome the application of judicial immunity only where: 1) the judge’s acts were clearly non-judicial in nature and therefore outside the scope of the judge’s judicial capacity; or 2) the judge’s actions

Ullmann v. Olwine, Connelly, Chase, O'Donnell & Weyher

123 F.R.D. 237 · District Court, S.D. Ohio · Jan 23, 1987

UNCONTROVERTED FACTS The following relevant facts are established by admissions of the Plaintiff contained in her affidavit or otherwise proven or by evidentiary submissions of the Defendants which qualify for consideration … He clearly was not a document reviewer, since they were all female. Nor was he an attorney, since Olwine had no attorneys at the site other than Taylor and Ullmann.

Cowans v. Bagley

624 F. Supp. 2d 709 · District Court, S.D. Ohio · Sep 30, 2008

In so holding, the Florida Supreme Court qualified that the claim at issue had to have been preserved for appellate review. In Murtishaw v. … Petitioner cannot establish that the decision of the state courts in this regard is contrary to, or an unreasonable application of, clearly established Supreme Court precedent. L.

Frasure v. City of Wyoming

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

“[E]xpert testimony, which essentially opines on the best approach that the deputies could have taken in ideal circumstances, . . . does not establish that the [officers] violated [the suspect’s] clearly established rights … In sum, plaintiffs have failed to establish that Dr.

John Q. Shunk Ass'n, Inc. v. United States

626 F. Supp. 564 · District Court, S.D. Ohio · Sep 20, 1985

On August 3, 1960 the Internal Revenue Service, determined that plaintiff qualified as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code. 26 U.S.C. § 501 (c)(3). 1 Plaintiffs exemption from federal … It goes on to establish the procedures required to obtain approval.

B.H. v. West Clermont Board of Education

788 F. Supp. 2d 682 · District Court, S.D. Ohio · Apr 26, 2011

B was qualified by West Clermont as a student with multiple disabilities in a 2006 Evaluation Team Report (“ETR”). (Pet. Ex. D). … Accordingly, the evidence clearly shows that speech services had been predetermined before the IEP team ever met.

Loza v. Mitchell

705 F. Supp. 2d 773 · District Court, S.D. Ohio · Mar 31, 2010

Absent clearly established federal law in that regard, it is not possible for Petitioner to demonstrate that the Ohio courts’ decision rejecting his claim contravened or unreasonably applied clearly established federal law … The Ohio Supreme Court’s decision concluding as much did not contravene or unreasonably apply clearly established federal law.

Smallwood v. Highland County Sheriff

District Court, S.D. Ohio · Sep 26, 2024

If Plaintiff’s position is that his injuries were so severe he need not have asked for treatment, he must still provide detail establishing that Carroll, Kuhn, or any other defendant saw the injuries Plaintiff sustained … Hardeman Cnty., Tenn., 93 F.4th 919, 928 (6th Cir. 2024) (holding that defendants were entitled to qualified immunity where events in question occurred prior to the publication of Brawner); Sturgill v.

Dates v. Buchanan

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

The Court reviews the issue under a “clearly erroneous or contrary to law” standard of review. Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A). … “An abuse of discretion exists when the court applies the wrong legal standard, misapplies the correct legal standard, or relies on clearly erroneous findings of fact.” Id.

Lloyd v. Free

District Court, S.D. Ohio · Apr 17, 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. … Lewis, 518 U.S. at 351 (“[A]n inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program is subpar in some theoretical sense.”).

Moore

District Court, S.D. Ohio · Nov 6, 2025

On September 5, 2025, Defendant moved for summary judgment, claiming that the tardiness of Plaintiff's application meant that he was not qualified for the Product Manager position, and, thus, could not establish a prima … In the first phase, Plaintiff must establish a prima facie case “by showing that (1) he is a member of a protected group, (2) he was qualified for the position in question, (3) his employer took an adverse employment

Abdul-Azziz El Bey v. Kehr

District Court, S.D. Ohio · Oct 10, 2019

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. … Therefore, all the individual defendants in their official capacities are immune from suit to the extent that plaintiff seeks monetary damages.

Huang v. Ohio State University

District Court, S.D. Ohio · Nov 4, 2022

Defendants claim that Rizzoni is entitled to qualified immunity on Plaintiff’s due process claim. “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” … Defendants acknowledge that under Sixth Circuit precedent,12 sexual harassment does violate a clearly established constitutional right but argue that Plaintiff’s implausible allegations do not rise to the level

Police Officers for Equal Rights v. CITY OF COL.

644 F. Supp. 393 · District Court, S.D. Ohio · Jan 8, 1985

Milligan, a professor of statistics at Ohio State University, clearly qualified as a statistics expert, although his experience with EEO matters was somewhat less than that of plaintiffs’ experts. Dr. Milligan, like Dr. … THE WITNESS: There is a qualifier in here that indicates to me, at least, that that’s not a hard standard at all. Q.

Collik v. Pohlable

District Court, S.D. Ohio · Dec 3, 2020

ANALYSIS Section 1983 “provides a cause of action for deprivation, under color of state law, of any rights, privileges or immunities secured by the Constitution … App’x 527, 532 (6th Cir. 2012) (“Sixth Circuit case law clearly demonstrates that the search of an entire car for drugs after a drug-dog’s alert is reasonable,” including a search of the car’s trunk).