Case law

Fisher v. Harden

437 F. Supp. 2d 700 · District Court, S.D. Ohio · Jun 20, 2006

Hence, this Court entered judgment in Defendants’ favor on Plaintiffs § 1983 claim, finding that Defendants were entitled to qualified immunity. … It is clearly established that an officer may not affect a mental health seizure without probable cause.

Akridge v. Wilkinson

351 F. Supp. 2d 750 · District Court, S.D. Ohio · Nov 22, 2004

Under the qualified immunity doctrine outlined in Harlow v. … In the First Amendment employment context, courts have noted that because the Pickering analysis turns on a fact-intensive balancing test, it can rarely be considered “clearly established” for purposes of qualified immunity

Brewer v. Seiter

838 F. Supp. 340 · District Court, S.D. Ohio · Mar 31, 1993

A government official enjoys qualified immunity if his or her challenged conduct does not violate clearly established federal statutory or constitutional rights of which a reasonable person would have known. Harlow v. … Therefore, the Defendants are protected under the doctrine of qualified immunity.

Osborn v. City of Columbus

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

Smith is entitled to qualified immunity on the excessive force claim. … Smith are not entitled to state statutory immunity because they were not entitled to qualified immunity.

Shivers v. Grubbs

747 F. Supp. 434 · District Court, S.D. Ohio · Aug 23, 1990

Inasmuch as the Court made no findings of fact, and its only conclusion of law, qualified immunity, was adequately addressed by the October 27, 1989 Order of this Court, we will restrict the review to that encompassed under … immunity.

Truss v. Collier

574 F. Supp. 1249 · District Court, S.D. Ohio · Apr 8, 1983

identified as unlawful____ If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct. … Herein the fleeing felon rule was clearly established law, in effect at the time of the shooting incident, and has been declared to be constitutional.

Reed v. Knox County Dept. of Human Services

968 F. Supp. 1212 · District Court, S.D. Ohio · Jun 23, 1997

The individual defendants have moved for summary judgment on the grounds of qualified immunity. Under the qualified immunity doctrine outlined in Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), government officials are immune from liability for civil rights damages insofar as their conduct did not violate clearly established statutory or constitutional

CareToLive v. Von Eschenbach

525 F. Supp. 2d 938 · District Court, S.D. Ohio · Nov 21, 2007

Thus, Dendreon clearly understood the letter to be “of a merely ... interlocutory nature.” Bennett, 520 U.S. at 178 , 117 S.Ct. 1154 . … This argument, however, as Defendants correctly note, confuses sovereign immunity with the concept of qualified immunity that is applicable only to Plaintiffs claims against Pazdur and Scher in their individual capacity.

B & B ENTERTAINMENT, INC. v. Dunfee

630 F. Supp. 2d 870 · District Court, S.D. Ohio · Jun 8, 2009

Qualified immunity “serves to protect government officials who perform discretionary functions from both suit and liability, provided that ‘their conduct does not violate clearly established statutory or constitutional rights … Even if such a claim were to be recognized, County Defendants would be entitled to qualified immunity insofar as such claim was not clearly established at the time of the alleged conduct. C.

Watkins v. New Albany Plain Local Schools

711 F. Supp. 2d 817 · District Court, S.D. Ohio · May 10, 2010

The second is whether the right was clearly established, and the third is whether the plaintiff has alleged sufficient facts to establish that the official’s conduct was unreasonable in light of the clearly established constitutional … Negligence and Qualified Immunity under Ohio Rev.Code Chapter 2744.

State v. U.S. Dep't of Educ.

377 F. Supp. 3d 823 · District Court, S.D. Ohio · Mar 26, 2019

In turn, the state licensing agencies issue licenses to qualified vendors and equip vending facilities. Id. … However, "[a] state can waive its immunity explicitly when it opts to participate in a federal program in which Congress clearly has conditioned participation on such a waiver." Edelman v.

Matje v. Leis

571 F. Supp. 918 · District Court, S.D. Ohio · Sep 12, 1983

Finally, the Harlow Court stated that [b]y defining the limits of qualified immunity essentially in objective terms, we provide no license to lawless conduct. … We note in addition that the burden of proving qualified immunity is squarely upon defendants, Alexander v. Alexander, 706 F.2d 751 (6th Cir.1983).

I. & F. Corp. v. International Ass'n of Heat & Frost Insulators & Asbestos Workers, Local 8

493 F. Supp. 147 · District Court, S.D. Ohio · Jul 28, 1980

More specifically, defendant Board contends that it is immune from suit under the doctrine of “arbitral immunity”. … We turn then to consideration of the parameters of arbitral immunity. Under federal law it is now a clearly established national policy to encourage the use of arbitration. See Steelworkers Trilogy; Rhine v.

Allen v. Leis

154 F. Supp. 2d 1240 · District Court, S.D. Ohio · Jun 19, 2001

Third, Defendants contend that they are entitled to qualified immunity. … clearly established right.

Wright v. County of Franklin

881 F. Supp. 2d 887 · District Court, S.D. Ohio · Jul 26, 2012

(2) was the right clearly established at the time of the violation? … Defendants make no argument that the alleged constitutional violation was not “clearly established” for purpose of the second prong of a qualified immunity analysis.

GUNASEKERA v. Irwin

678 F. Supp. 2d 653 · District Court, S.D. Ohio · Jan 11, 2010

Gunasekera’s additional claims for equitable relief were also barred by qualified immunity. Dr. … established for purposes of qualified immunity could not be decided on the undeveloped factual record that existed at the time.

Cameron v. Bd. of Educ. of Hillsboro, Ohio Sch. D.

795 F. Supp. 228 · District Court, S.D. Ohio · Sep 12, 1991

Qualified Immunity The defendants further move for summary judgment under the doctrine of qualified immunity. … The question of whether qualified immunity attaches is a pure question of law for this Court to decide. Garvie, 845 F.2d at 649 ; Donta v.

Blevins v. Hudson & Keyse, Inc.

395 F. Supp. 2d 662 · District Court, S.D. Ohio · Sep 29, 2004

Trial witness immunity from defamation suits was well established at common law when the 1871 Civil Rights Act was passed. … There, the Court held a police officer’s affidavit in support of an arrest warrant was entitled to only qualified, not absolute immunity, because at common law a complaining witness was not immunized from tort liability for

Conde v. Velsicol Chemical Corp.

804 F. Supp. 972 · District Court, S.D. Ohio · Oct 13, 1992

Chevron Chemical Co., 736 F.2d 1529, 1535-1536 (D.C.Cir.1984), which held: [A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion … Turner is a qualified real estate appraiser.

Ross v. Hinton

740 F. Supp. 451 · District Court, S.D. Ohio · Jun 4, 1990

The Mancusi case, therefore, does not clearly establish the unconstitutionality of the ODNR official’s conduct that would defeat the good faith immunity. … not clearly established that such a search was unreasonable, the plaintiffs’ have failed to defeat the defendants’ good faith immunity.