Case law

Orick v. Banziger

945 F. Supp. 1084 · District Court, S.D. Ohio · Nov 8, 1996

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … CONCLUSION Plaintiffs have failed to establish a violation of their First Amendment rights or substantive due process rights.

Kosydar v. Wolman

353 F. Supp. 744 · District Court, S.D. Ohio · Dec 29, 1972

Rather than conferring in all instances outright monetary grants, these provisions allow to qualified recipients a tax “credit” which may not exceed the total sum a taxpayer owes, after other exemptions and deductions, under … The Religion Clauses, no less valid today than at the time of their adoption, clearly instruct us that religion is an impermissible predicate for the actions of state and that laws, which on the one hand punish or on the

Valente v. UNIVERSITY OF DAYTON

689 F. Supp. 2d 910 · District Court, S.D. Ohio · Jan 4, 2010

Niskanen did not establish liability for negligent failure to train by a private actor, but recognized it as a pre-existing tort in Ohio. … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Shomer v. Rheinscheld

District Court, S.D. Ohio · Sep 26, 2025

Defendant Williams subsequently moved for summary judgment, arguing that Plaintiff could not establish a serious medical need, show deliberate indifference, or overcome qualified immunity. (ECF No. 40).

Crane Plastics Co. v. Louisiana-Pacific Corp.

119 F. Supp. 2d 749 · District Court, S.D. Ohio · Oct 19, 2000

There is clearly a need for this type of information. Otherwise, Louisiana-Pacific cannot fairly evaluate whether the process claim in the patent is being infringed. … 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.

In re Telectronics Pacing Systems, Inc.

172 F.R.D. 271 · District Court, S.D. Ohio · Apr 2, 1997

Lastly, the Court finds class counsel are qualified and will adequately represent the interests of the class. … First, TPLC’s defense to Plaintiffs’ medical monitoring claim clearly predominates over any individual issues raised by the medical monitoring claims.

Hughes v. White

388 F. Supp. 2d 805 · District Court, S.D. Ohio · Sep 23, 2005

On May 28, 2003, soon after the conser-vatorship was established, DFI instituted proceedings to remove Martin Hughes as a director and officer of UTCU pursuant to Ohio Rev.Code § 1733.181. … ASI does not attempt to explain when a deputy is “duly qualified” and whether Defendant Roberts, in his capacity as Acting Deputy Superintendent for Credit Unions was “duly qualified” to issue the Order Appointing Conservator

Franklin v. Children's Hospital

District Court, S.D. Ohio · Mar 10, 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. … 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.

Esparza v. Pierre Foods

923 F. Supp. 2d 1099 · District Court, S.D. Ohio · Feb 12, 2013

He complains that, after filing a charge with the Equal Employment Opportunity Commis *1101 sion (“EEOC”), he “did not receive a 7% raise and bonus that he qualified for” (¶29). … See 29 C.F.R. § 1630.2 (j)(1)(iv) (“the ADAAA and these regulations establish a degree of functional limitation required for an impairment to constitute a disability that is consistent with what Congress originally intended

Cohen v. Allegiance Administrators, LLC

District Court, S.D. Ohio · Oct 14, 2024

The waiver agreement is clearly intended to cover all assessments made by the lessor for excessive wear and tear. … Those members who had claims improperly denied will qualify as members of the class.

Shine-Johnson v. Mike Dewine

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

Specifically, Plaintiffs Henderson, Earley-Tabor, Goodson, Taborn, Mason, and Hill all allege that they have medical conditions which, in the ODRC’s determination, qualify them for “chronic care.” … This allegation qualifies their conditions as “sufficiently serious” to satisfy the objective component to adequately state a claim for medical deliberate indifference. Santiago, 734 F.3d at 590.

Dates v. Buchanan

District Court, S.D. Ohio · Sep 5, 2023

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. … Immunity and Rooker-Feldman Plaintiff has filed suit against two defendants who are absolutely immune from suit.

Spencer

District Court, S.D. Ohio · Dec 2, 2025

But the Court is not required to accept factual allegations that are “clearly irrational or wholly incredible.” Ruiz v. Hofbauer, 325 F. App’x 427, 429–30 (6th Cir. 2009). … Ohio Aug. 23, 2021) (“It is well-established that the presence of some unsanitary conditions in a cell (including fecal matter) does not establish an Eighth Amendment claim, except in circumstances where the volume of matter

Franklin v. U.S.A. Immigration

District Court, S.D. Ohio · Feb 24, 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. … 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.

Burke v. Ohio Department of Rehabilitation and Correction

District Court, S.D. Ohio · Feb 15, 2024

Plaintiff contends that these Defendants are not entitled to qualified immunity. … Nevertheless, “it is well established that courts may consider Eleventh Amendment sovereign immunity sua sponte. Doe v. State of Tennessee, No. 3:18-CV-00471, 2022 WL 3365062, at *8 (M.D. Tenn.

Grant v. Central Intelligence Agency

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

claims and to recommend dismissal of Plaintiff’s 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 … 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.

ABX Air, Inc. v. International Brotherhood of Teamsters, Airline Division

219 F. Supp. 3d 665 · District Court, S.D. Ohio · Nov 7, 2016

An “injunction is an extraordinary remedy which should be granted only if the movant carries his or her burden of proving that the circumstances clearly demand it.” Overstreet v. … And the party attempting to establish that the dispute is minor has a “relatively light burden.” Conrail v. Ry. Labor Executives’ Ass’n, 491 U.S. 299, 307 , 109 S.Ct. 2477 , 105 L.Ed.2d 250 (1989).

Morris v. Globe Life Insurance Company

District Court, S.D. Ohio · Jan 26, 2023

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. … . § 1332 to establish subject matter jurisdiction. Here, Plaintiff has failed to satisfy the complete diversity requirement of 28 U.S.C. § 1332.

MacTruong v. DeWine

District Court, S.D. Ohio · Aug 16, 2022

proceeding in forma pauperis, the Court must dismiss the complaint, or any portion of it, that is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … For example, the caption of the complaint says: Plaintiffs’ complaint against Defendants acting in concert to commit mass murders, establish slavery, reckless endangerment, egregious aggravated violation of women and their

Jones v. Commissioner of Social Security

142 F. Supp. 3d 608 · District Court, S.D. Ohio · Sep 22, 2015

In order to qualify for DIB, a claimant must "establish the onset of disability prior to the expiration or his [or her] insured status.” Garner v. … Further, it is “clearly established law that the opinion of a non-treating 'one-shot' consultative physician or of a medical advisor cannot constitute substantial evidence to overcome .the properly supported opinion of a