Case law

Lucas v. Moore

District Court, S.D. Ohio · Sep 12, 2019

Each party bears the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. … Indeed, the record clearly establishes that Plaintiff's personal information was included in the motor vehicle record contained within Moore’s discovery response.

MICHAEL KING v. AARON LINDSEY, et al.

District Court, S.D. Ohio · Jul 31, 2026

As evidence of this agreement to retaliate, Plaintiff recounts that on August 12, 2025, Defendant Brock “targeted” him by searching his cell in a manner that was “clearly done to harass and retaliate against Mr. … As to the third element, it is the plaintiff who bears the initial burden of establishing that defendants acted with a retaliatory motive.

Payton v. Roe

District Court, S.D. Ohio · Mar 3, 2025

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

Parisi v. Commissioner of Social Security

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

These main findings led the ALJ to ultimately conclude that Plaintiff was not under a benefits-qualifying disability. Id. at 147. V. … In this case, the evidence fails to establish the presence of the ‘paragraph C’ criteria.” (Doc. No. 6-2, PageID 142).

Pulliam Jr. v. Warden, London Correctional Institution

District Court, S.D. Ohio · Nov 12, 2019

GROUND TWO: Petitioner asserts the Ohio Court of Appeals decision reached was an unreasonable application of Clearly Federal Law by failing to Make the Statutory Findings in regards to consecutive sentences … A habeas petitioner is entitled to equitable tolling only if he establishes that (1) “he has been pursuing his rights diligently;” and (2) “some extraordinary circumstance stood in his way and prevented timely filing.”

Stapleton v. Warden, Ross Correctional Institution

District Court, S.D. Ohio · Jun 8, 2023

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 … Ohio Jan. 2, 2015) (“Imposition of consecutive terms of incarceration does not violate clearly established federal law construing the Due Process Clause, or make the state court proceedings fundamentally unfair.”)

Derwish v. Deputy Chief of Mission, U.S. Embassy in Djibouti

District Court, S.D. Ohio · Aug 15, 2025

But, while the case law may be unsettled, the relevant statutory and regulatory language strikes the Court as pointing clearly in one direction. … That statute merely says visas “shall be allotted” to certain relatives of qualified immigrants. 8 U.S.C. § 1153(a).

Shanahan v. Denison University

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

“An employee is deemed qualified only if she can perform all of the essential functions of her job, whether accommodated or not.” Id. (citing 42 U.S.C. § 12111(8)). … Shanahan could have more clearly identified her claims, she sufficiently asserts disability discrimination and gender discrimination in her Complaint.

Fecon, Inc. v. Denis Cimaf, Inc.

District Court, S.D. Ohio · Oct 4, 2021

The party asserting confidentiality shall have the burden of establishing the appropriateness of the designation, except that a party claiming that information designated by the other as confidential is in the public domain … If a producing party inadvertently produces or otherwise discloses to a receiving party information that is subject to such privilege or immunity, the producing party shall promptly upon discovery of such disclosure so

Wood v. Reynolds

District Court, S.D. Ohio · Aug 17, 2023

Plaintiff brings these claims alleging substantiative and procedural due process, privileges and immunities, and equal protection violations. Id. at PageID 85, 87–92. … A failure-to-train claim, also requires a showing of “prior instances of unconstitutional conduct demonstrating that the municipality had ignored a history of abuse and was clearly on notice that the training in this particular

Montelongo-Rangel v. Warden, Noble Correctional Institution

District Court, S.D. Ohio · Jun 8, 2021

In Painter the Sixth Circuit reversed summary judgment granted to a police officer on the basis of qualified immunity because the officer did not have the reasonable suspicion necessary under Terry v. … The Riley court, in discussing the concept of a “full and fair opportunity,” held: The mechanism provided by the State of Ohio for resolution of Fourth Amendment claims is, in the abstract, clearly

Miller v. Warden Correctional Reception Center

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

“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

Robertson v. Warden, Belmont Correctional Institution

District Court, S.D. Ohio · Feb 13, 2020

Robertson pleads the following two grounds for relief: Ground One: The Ohio courts ruled contrary to, or unreasonably applied, clearly-established [sic] Supreme Court precedent by failing … While she did not specifically cite either Brady or Kyles, she did recite the standard from those cases for determining whether suppressed evidence qualifies under those cases. Id. at PageID 492.

Kimbrough v. Cincinnati Ass'n for Blind

986 F. Supp. 2d 904 · District Court, S.D. Ohio · Dec 10, 2013

But Kimbrough argues that even if she was mistaken about whether the ADA applied to Shank’s situation, she clearly “advocated” on Shank’s behalf, which she contends amounts to ADA-protected activity. … The Court is firmly convinced that Kimbrough has not established a prima facie retaliation claim.

Nilavar v. Mercy Health System-Western Ohio

210 F.R.D. 597 · District Court, S.D. Ohio · Sep 13, 2002

. #76); CONFERENCE CALL SET FOR PURPOSES OF ESTABLISHING A REVISED SCHEDULING ORDER RICE, Chief Judge. … This observation bears on the secondary question of whether the physician peer review privilege should be recognized in this instance even though it is clearly not part of the established common law.

Ramsey v. Receivables Performance Management, LLC

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

Under this reading, a stored-number device qualifies as an ATDS. … This means that a stored- number device qualifies as an ATDS, whether or not it uses a random or sequential number generator. Id. at 580.

Netjets Inc. v. Intellijet Group, LLC

138 F. Supp. 3d 929 · District Court, S.D. Ohio · Oct 13, 2015

Although the Court shares Defendant’s perplexity as to why NetJets did not clearly explain this theory in its complaint or during the initial summary judgment briefing, the Court ultimately agrees with NetJets that the complaint … As explained below, conduits such as a software program through which an entity provides its services do not qualify as “service marks” under 15 U.S.C. § 1127 . According to the Trademark Manual of Examining.

Petty v. Wainwright

District Court, S.D. Ohio · Feb 11, 2020

To obtain relief in habeas from a state court conviction, a petitioner must show that the state court’s decision is contrary to or an unreasonable application of some clearly established holding of the United States Supreme … Thus, it is not necessary to prove that a rape was committed with violence in order to qualify as an offense of violence. State v. Tayse, 9th Dist.

Reese v. Warden, Noble Correctional Institution

District Court, S.D. Ohio · Jan 20, 2023

The legal standards that constitute “clearly established Federal law,” for the purposes of AEDPA, comprise only “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions as of the time of the relevant state-court … Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court’s Ever Increasing 3 Although Reese does not provide a citation, much of this discussion appears to be drawn verbatim from Recent Case

Green v. Mason

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

A qualified privilege based on a “common interest” often arises in the context of an employment setting. … Characterizations like “ill-conceived” lack the essential true/false dichotomy needed to establish a claim for defamation.