Case law

Lott v. Washington County Common Pleas

District Court, S.D. Ohio · Oct 21, 2021

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 … Further, when considering a pro se plaintiff’s Complaint, a Court “must read [the allegations] with less stringency . . . and accept the pro se plaintiff’s allegations as true, unless they are clearly irrational or wholly

Kelly v. United States Postal Service

492 F. Supp. 121 · District Court, S.D. Ohio · Apr 21, 1980

The language on the tee-shirt and button were clearly visible. Hauck had on no shirt other than the tee-shirt. … But to take action against plaintiffs because of the political ideas they espouse is clearly unlawful and just as clearly unpatriotic.

Graham v. Planned Parenthood of Greater Ohio

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

She was allegedly informed that she was the only CNP qualified for the Director of Nursing role. … PPGOH also argues that the charge was prepared by counsel and clearly articulated claims of race discrimination, retaliation, and FMLA violations. (ECF No. 25 at 4).

Berry v. Meintel

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

“A state court’s adjudication only results in an ‘unreasonable application’ of clearly established federal law when ‘the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions … Decisions by lower courts are relevant “to the extent [they] already reviewed and interpreted the relevant Supreme Court case law to determine whether a legal principle or right had been clearly established by the Supreme

Millhouse, II v. Seleshi

District Court, S.D. Ohio · Mar 9, 2023

a closer call, to the extent Prowse argues prison administrators will deny her hormone therapy (without reviving the alleged blanket policy of denial), we find Parker’s uncontested affidavit establishes … Millhouse has failed to state claims under the Eighth and Fourteenth amendments and Defendants are entitled to Eleventh Amendment immunity and qualified immunity. (ECF No. 17, PageID 156.)

Wheeler v. Miami Valley Career Technology Center

District Court, S.D. Ohio · Mar 14, 2022

For Plaintiff to establish her prima facie case that she was denied a promotion based upon her sex or her age, she must establish that “[1] she was a member of a protected class; [2] that she applied for and was qualified … Provenzano also argued that she was as qualified as the successful candidate and attempted to establish “other probative evidence of discrimination.” /d.

El-Bey v. Butler County Jail

District Court, S.D. Ohio · Dec 7, 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. … To establish a prima facie case of retaliation within the context of § 1983, a plaintiff must prove that: (1) he engaged in protected conduct; (2) an adverse action was taken against him that would deter a person of ordinary

Brightwell

District Court, S.D. Ohio · May 6, 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 that clearly does not exist. Neitzke, 490 U.S. at 327. … Here, Plaintiff’s allegations fail to establish an unconstitutional policy or custom on the part of Franklin County.

Proffitt v. Northeastern Local School District Board of Education

District Court, S.D. Ohio · Jun 23, 2025

Proffitt’s Complaint very clearly states, “Defendant unlawfully acted in retaliation for Plaintiff’s use of the reasonable accommodation of leave.” (Doc. No. 1 at PageID 5.) … The plaintiff must first establish a prima facie case of discrimination. Wright v. Murray Guard, Inc., 455 F.3d 702, 706 (6th Cir. 2006).

Tackett v. M & G Polymers USA, LLC

853 F. Supp. 2d 697 · District Court, S.D. Ohio · Feb 21, 2012

This language might cast the otherwise essentially conclusory language of the three points (noting that the appeals court did use some qualified language such as “suggests”) into a qualified light and presents the issue of … That possible modifications were permitted was now established. ' The instance case is similar to but not the same as Reese.

Roseman v. Linmoore Investments, Inc.

District Court, S.D. Ohio · Aug 17, 2021

Under the direct-evidence framework, Roseman bears the burden of establishing (1) that he is disabled, and (2) that he is “‘otherwise qualified’ for the position despite his [] disability: (a) without accommodation from … However, this testimony clearly indicates he requested accommodations after his termination. 4 Roseman’s argument that LMI provided light duty work as an accommodation to other employees in the past is unpersuasive.

Williams v. General Electric Co.

269 F. Supp. 2d 958 · District Court, S.D. Ohio · Jul 1, 2003

The Court must first determine whether Plaintiff is able to establish a prima facie case of age discrimination. … For example, Plaintiff in this case could present evidence that he was more qualified than the younger workers GE did not terminate. See id.

Fijalkowski v. Belmont County Board of Commissioners

District Court, S.D. Ohio · May 17, 2021

In sum, the Court finds that the two candidates were similarly qualified for purposes of establishing the fourth prima facie element. Ms. … the lack of qualified applicants.

Boulger v. Woods

306 F. Supp. 3d 985 · District Court, S.D. Ohio · Jan 24, 2018

Failure to establish any one of these elements is fatal to the claim. Id. … Many established news reporting outlets maintain Twitter accounts for the very purpose of reporting the news.

Hollobaugh v. Pohl Transportation, Inc.

District Court, S.D. Ohio · Dec 14, 2022

A plaintiff can establish a prima facie case of disability discrimination with indirect evidence by proving that: (1) he is disabled; (2) he is otherwise qualified for his position; (3) he suffered an adverse employment … N.L.R.B., 46 F.3d 578, 585 (6th Cir. 1995)).The fact that an employee files a charge of discrimination does not immunize such employee from suit brought by the employer, provided that the

Riedel v. Acutote of Colorado

773 F. Supp. 1055 · District Court, S.D. Ohio · Sep 5, 1991

To recover under section 10(b) and rule 10b-5, causation must be established. Establishing that the material omission (or misrepresentation) caused the plaintiffs injuries encompasses two aspects. … In light of the Supreme Court’s repudiation of the “substantial factor test,” Baker and Hostetler clearly does not qualify as a “seller” under section 12. VII.

Avery v. Wooten

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

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. … Clearly, a state court has no authority to issue a writ of mandamus against a federal officer. Bristow, 2013 WL 5408440, at *2; Ohio ex rel. Griffin v.

Martin v. State of Ohio

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

Martin fails to allege facts that would establish a specific threat of death or severe bodily injury. … App’x at 492 (“Allegations that are conclusory, ridiculous, or clearly baseless are . . . insufficient for purposes of the imminent-danger exception.” (citing Rittner v. Kinder, 290 F.

Suboh v. Abacus Corporation

District Court, S.D. Ohio · Oct 18, 2022

Otherwise qualified. “To show that she is otherwise qualified for a position . . . an employee must show that she can perform the essential functions of a job with or without an accommodation.” … She sought a more clearly defined role, the ability to prioritize major projects, a deeper bench of recruiters, a salesperson with local market ties, additional education and training for staff, and more direction from

Armstead v. Baldwin

District Court, S.D. Ohio · Sep 23, 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. … 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