Case law

Polachek v. Roberts

District Court, S.D. Ohio · May 17, 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. … As to Plaintiff’s claims against the Scioto County Jail, it is well-established that a jail is not a “person” who can be sued under Section 1983. See, e.g., Hughes v.

Healy v. Planned Parenthood of Greater Ohio

District Court, S.D. Ohio · Mar 31, 2023

The plan must be to deprive an individual of her federally-protected rights, privileges or immunities. See Shumate v. … It is well-established that a citizen does not open himself up to § 1983 conspiracy liability simply by “providing information to the police.” Moldowan v.

Montgomery v. Lynch

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

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.

Brown v. Queen City Supply Company

District Court, S.D. Ohio · Jun 25, 2021

The parties agree that to establish a failure-to-accommodate claim, Brown must demonstrate that: (1) he was disabled within the meaning of the ADA; (2) he was otherwise qualified for the position and could perform the … MQ argues that “[t]he record evidence establishes the opposite.” (Doc. 30, p. 18.)

Fedder v. Ohio Medical Transportation, Inc.

District Court, S.D. Ohio · Apr 19, 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 … she was qualified for the position in question; and (4) she was treated differently from similarly situated individuals outside of her protected class.

Brandon Kennedy v. C. Stack-Investigator, et al.

District Court, S.D. Ohio · Jan 16, 2026

An action has no 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. … The screening procedures established by § 1915 apply to complaints filed by prisoners against governmental entities, officials or employees regardless of whether the plaintiff has paid the filing fee, as in this case, or

Tingler v. Deters

District Court, S.D. Ohio · Aug 25, 2023

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. … NLRB, 461 U.S. 731, 743, 103 S.Ct. 2161, 76 L.Ed.2d 277 (1983) (“Just as false statements are not immunized by the First Amendment right to freedom of speech, baseless litigation is not immunized by the First Amendment

Blank v. Nationwide Corporation

District Court, S.D. Ohio · Sep 9, 2020

The record evidence clearly establishes that he was demoted because he violated Nationwide’s no retaliation policy and not because of his alleged disability. … Though the record evidence clearly establishes Defendant Penwell and Glinski’s entitlement to qualified privilege, Plaintiff may overcome this privilege by demonstrating “that the published statements were untrue

Cullen v. Frenz

District Court, S.D. Ohio · Jan 13, 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. … “It is firmly established that a public defender or a court-appointed defense counsel, while acting in that capacity, is not a state actor for purposes of § 1983”; that is, they are not “a person acting under color of

Shahbabian, M.D. v. Trihealth, Inc.

District Court, S.D. Ohio · Jul 22, 2021

Clearly, Dr. Shahbabian himself believes that the peer review process led to his reduction in work. If the Court is going solely off Dr. … It was clearly foreseeable that, if he had no more surgical privileges, then he would not be able to reach his wRVU standard.

Arron

District Court, S.D. Ohio · Apr 8, 2026

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. … Here, Plaintiff challenges the removal of her children from her custody, and as such, her claims clearly fall within the scope of the Burrus abstention doctrine.

In re Cardinal Health, Inc.

226 F.R.D. 298 · District Court, S.D. Ohio · Jan 26, 2005

Its claims are typical of the putative class’s claims, its interests are not antagonistic to the class, and its chosen counsel are qualified and competent. … In this vein, PFG assures this Court that its members have indeed established a cohesive relationship.

Plank v. Great American Financial Resources, Inc.

District Court, S.D. Ohio · Jul 22, 2021

Defendant argues Plank cannot establish disability discrimination because he cannot establish that he was qualified or pretext. … An employer also may mitigate his backpay liability “by showing that a discriminatee ‘willfully incurred’ a loss of earnings by a ‘clearly unjustifiable refusal to take desirable new employment.’” N.L.R.B. v.

Boyd v. United States

932 F. Supp. 2d 830 · District Court, S.D. Ohio · Mar 18, 2013

First, he states that the letter he received denying his administrative claim “clearly states that [he] had six months in which to file a suit in federal court.” Plaintiffs Response, Doc. 16 at 5. … The action may proceed only if it qualifies for some form of equitable relief from the deadline. B.

Rolle v. Litkovitz

District Court, S.D. Ohio · Sep 14, 2021

Plaintiff should be subjected to the referenced restriction because he is a known and clearly unrepentant vexatious litigant in this Court. … Although Plaintiff proceeds pro se, he clearly is no pauper, having spent thousands of dollars in filing fees in this Court alone. Therefore, a monetary sanction is appropriate.

Equal Employment Opportunity Commission v. Red Roof Inns, Inc.

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

disabled. (2) The plaintiff bears the burden of establishing that he or she is ‘otherwise qualified’ for the position despite his or her disability: (a) without accommodation from the employer; (b) with an … Derby was ‘otherwise qualified’ for the position, as required to establish a prima facie 3 “Legal blindness can qualify as a disability under the ADA.” Lankford v. RadioShack Corp., No. 3:04CV-294-H, 2006 U.S. Dist.

Dorsey v. Banks

749 F. Supp. 2d 715 · District Court, S.D. Ohio · Sep 28, 2010

established law. … established law contemplated by § 2254(d)(1) is, in fact, clearly established.

State Farm Fire & Casualty Co. v. Hiermer

720 F. Supp. 1310 · District Court, S.D. Ohio · Oct 26, 1988

However, the complaint alleges the facts necessary to establish diversity jurisdiction under 28 U.S.C. § 1332 . … The facts in the record establish that all actions of which Penn complains occurred on the premises of Rockwell.

Mitchell v. Abercrombie & Fitch, Co.

428 F. Supp. 2d 725 · District Court, S.D. Ohio · Mar 31, 2006

The Executive Exemption Abercrombie bears the burden of establishing that Oros qualifies for the executive exemption. Martin v. Indiana Mich. Power Co., 381 F.3d 574, 578 (6th Cir.2004). … Oros qualified for the executive exemption under 29 U.S.C. § 213 (a)(1) and 29 C.F.R. § 541.1 .

Lytle

District Court, S.D. Ohio · Sep 10, 2026

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. … As noted above, a single instance of alleged unconstitutional conduct is insufficient to establish liability under § 1983 against a municipality.