Case law

Wood

District Court, S.D. Ohio · Nov 7, 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 that clearly does not exist. Neitzke, 490 U.S. at 327. … It is well-established that what constitutes an adverse action “is not static across contexts.” Thaddeus-X, 175 F.3d at 398.

Hupp v. Switzerland of Ohio Local School District

912 F. Supp. 2d 572 · District Court, S.D. Ohio · Dec 11, 2012

Muir’s letter was a triggering event in terms of conducting an initial evaluation, and qualified as Ms. … 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

McCord v. City of Columbus

225 F. Supp. 2d 804 · District Court, S.D. Ohio · Sep 10, 2002

Clearly Plaintiff has not shown, nor attempted to show, that the policy regarding arrest for interference with custody was the moving force of the alleged constitutional violation. … 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

Board of Trustees of the Plumbers, Pipefitters & Mechanical Equipment Service, Local Union No. 392 Pension Fund v. B & B Mechanical Services, Inc.

980 F. Supp. 2d 883 · District Court, S.D. Ohio · Sep 29, 2013

However, the Court notes that while B & B is a signatory to the memoranda, the memoranda clearly state in the first line that “[t]his Memorandum of Understand *891 ing is by and between Pipe Fitters Local Union Co. 392 and … The CBA states: Prior to Local No. 392 being obligated to furnish plumbers, pipe fitters and service men to a contractor, each contractor signatory to this agreement shall qualify for a surety bond to secure the payments

Kessling v. Ohio State University

District Court, S.D. Ohio · Nov 21, 2022

Even if OSU could establish that Dr. … Id. 7 In fact, it is so well settled that Defendants’ argument for qualified immunity deserves no more than a footnote: the individual Defendants are not entitled to qualified immunity

Block v. Canepa

District Court, S.D. Ohio · Sep 12, 2022

To qualify for a permit, participants in the three-tier system must comply with a host of additional regulations and requirements. See Ohio Rev. Code § 4303.25. … to such immunity did not apply.

Callahan v. Fanatics, Inc.

District Court, S.D. Ohio · Mar 12, 2024

age group, (2) is qualified for the rehire or recall position, (3) applied for the available position or can establish that Fanatics was otherwise obligated to consider him, and (4) that the position went to a younger … Fanatics contends that Callahan’s account was going in a “different direction,” but it does not clearly explain what the new direction was or why Callahan would be unable to keep pace.

Morris, Sr. v. Globe Life Insurance Company

District Court, S.D. Ohio · Jan 27, 2023

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

Bell v. City Of Cincinnati

District Court, S.D. Ohio · Apr 11, 2023

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. … In addition, although Plaintiff has filed suit for unspecified violations of her civil rights, “[i]t is firmly established that a municipality ... cannot be held liable under § 1983 for an injury inflicted solely by its

Tolliver v. Ohio Department of Rehabilitation and Corrections

District Court, S.D. Ohio · Sep 25, 2025

of RLUIPA and the First Amendment’s Free Exercise and Establishment Clauses. … immunity applies)).

Sanders v. Postmaster General

District Court, S.D. Ohio · Jul 15, 2020

The Sixth Circuit has explained this requirement stating that “[i]n permitting federal employees to sue under Title VII, Congress conditioned the government’s waiver of sovereign immunity upon a plaintiff’s … Ohio Dec. 15, 1994) (noting that handicap discrimination under the Rehabilitation Act can be established through indirect evidence in a modified McDonnel-Douglas Title VII framework).

Duwe v. Montgomery

District Court, S.D. Ohio · May 28, 2025

Dayton Christian Schools, Inc., 477 U.S. 619 (1986). 6 The pending criminal action against Plaintiff qualifies for Younger abstention. … The case involves an important state interest: enforcing firearms restrictions in liquor establishments.

Siskaninetz v. Wright State University

175 F. Supp. 2d 1018 · District Court, S.D. Ohio · Sep 12, 2001

Second, she asserts that she did not deprive Siskaninetz of any right, privilege or immunity secured *1020 by the United States Constitution. (Doc. # 20 at 9, 12). … Summary judgment must be entered “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial

Palma-Barillas v. County Jail Medical Staff

District Court, S.D. Ohio · Aug 31, 2022

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. … No. 197, which tolled, retroactively to March 9, 2020, all statutorily established statutes of limitations, time limitations, and deadlines in the Ohio Revised Code and Administrative Code until the

Rani

District Court, S.D. Ohio · Oct 30, 2025

First, the witness must be qualified by “knowledge, skill, experience, training, or education.” … Knowledge and Experience “To qualify as an expert under Rule 702, a witness must first establish their expertise by reference to ‘knowledge, skill, experience, training, or education

Edge v. Mahlman

District Court, S.D. Ohio · Dec 28, 2020

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. … Ohio Nov. 24, 2009) (finding the plaintiff’s retaliation claim was subject to dismissal, noting that “conclusory allegations of retaliatory motive and temporal proximity alone are insufficient to establish his retaliation

Maseru v. University Of Cincinnati

District Court, S.D. Ohio · Jun 16, 2021

Plaintiff’s Prima Facie Case To establish a prima facie case for failure to hire, Dr. … Maseru may have been qualified, Dr. Turner’s qualifications were significantly better. UC argues that Dr. Turner’s experience managing a graduate program was “highly valued” and clearly distinguished him from Dr.

Washington v. Pavite

District Court, S.D. Ohio · Aug 7, 2023

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.

Nichols v. General Motors Co.

978 F. Supp. 743 · District Court, S.D. Ohio · Mar 28, 1997

Defendant asserts that the CBA clearly requires plaintiff to submit her statutory retaliation claims to arbitration. … Furthermore, the CBA clearly states that it is “the exclusive contractual procedure for remedying such claims.”

White v. Erdos

District Court, S.D. Ohio · Apr 30, 2020

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. … Accordingly, plaintiff has not established a substantial likelihood of success on the merits of his constitutional claims or that he will suffer irreparable harm absent a preliminary injunction.