Case law

Kirby v. Warden, London Correctional Institution

District Court, S.D. Ohio · Aug 10, 2022

established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v. … established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v.

Smith v. City of Union Police Department

District Court, S.D. Ohio · May 7, 2024

Prima Facie Case of Age Discrimination To establish a prima facie case of age discrimination, Smith must show: (1) he is a member of a protected class; (2) he was qualified for the job in question … To do this, the City “must clearly set forth, through the introduction of admissible evidence, the reasons for” terminating Smith’s employment. See id. at 815.

United States v. Lake Shore & M. S. Ry. Co.

203 F. 295 · District Court, S.D. Ohio · Dec 28, 1912

concert of action and control of the railroads and coal interests secured by the agreement, which is inconsistent with the rule requiring freedom of competition in commerce among the states; and that rule is too firmly established … As respects the power of the court to require such sales and distributions to be made, we think it is clearly given by section 4 of the Anti-Trust Act (26 U. S. Stat. 209; Standard Oil Case, 221 U. S. 78 , 31 Sup.

Vivas v. Commissioner of Social Security

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

STANDARD OF REVIEW To qualify for SSI as a child under the age of eighteen, a plaintiff must file an application and be an “eligible individual” as defined in the Act. … (citing Tr. 1315); and in August 2018, T.F.V.’s neurologist noted that the seizures had not been clearly witnessed and their frequency remained “somewhat unclear” (id. (quoting Tr. 1320)).

Powell v. Jefferson County Department of Job & Family Services

District Court, S.D. Ohio · Mar 10, 2025

Powell seeks monetary damages from the State of Ohio Defendants, his claims are dismissed under sovereign immunity under the Eleventh Amendment. … Powell has failed to establish that the Court has subject matter jurisdiction and Rule 12(b)(6) because he has failed to state a claim for relief. (ECF No. 46, PageID 815–17.)

Amor v. Commissioner of Social Security

District Court, S.D. Ohio · Aug 22, 2022

Patel’s statement did not qualify as a medical opinion. Plaintiff’s contentions will be addressed in turn. … This definition clearly accounts for the quality of interaction Plaintiff was limited to.

Williams v. Commissioner of Social Security

District Court, S.D. Ohio · Sep 3, 2021

cane for ambulation and balance is clearly in the record[.]” (Id. at PAGEID 1428). … Moreover, “hearing testimony regarding [the plaintiff’s] use of a cane does not qualify as medical documentation and is not sufficient to establish that a cane was medically required.” Graham v. Comm’r of Soc.

Cox v. Franklin County Board of Commissioners

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

That the Consent Order affords the flexibility of a prospective schedule for eliminating illicit discharges, rather than establishing a “final deadline” for total elimination, “does not necessarily establish lack of diligence … The Court finds that the County is entitled to immunity against the negligence claim.

Sheppard v. Maxwell

231 F. Supp. 37 · District Court, S.D. Ohio · Jul 15, 1964

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity, and scarcely any of those best qualified to serve as jurors … That instruction was clearly not sufficient to cure the error, even if it were curable.

Doe S.W. v. Lorain-Elyria Motel, Inc.

District Court, S.D. Ohio · Mar 16, 2020

However, this argument ignores § 1391(b)(1), which establishes that venue is also proper in “a judicial district in which any defendant resides,” and § 1391(d), which establishes residency of corporate defendants is “in … LEM has not demonstrated that the interests “clearly favor a change of venue,” rather than being “slightly more advantageous to the parties or the witnesses.” Id.

Braunskill v. Smith

District Court, S.D. Ohio · May 13, 2025

Plaintiff’s re-alleged claims against Judge Brock remain foreclosed under the doctrine of absolute judicial immunity.(See Doc. 4, PageID 47). … However, “[b]ecause Bounds did not create an abstract freestanding right to a law library or legal assistance, an inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal

Ade

District Court, S.D. Ohio · Jun 29, 2026

Legal Framework for Disability Determinations To qualify for SSI, a claimant must suffer from a medically determinable physical or mental impairment that can be expected to result in death or that … NieKamp observed that plaintiff exhibited no “psychomotor agitation or retardation, maintained appropriate eye contact, spoke clearly with good rate and rhythm,” “was appropriately dressed,” and “able to complete activities

Frank v. The Good Samaritan Hospital of Cincinnati, Ohio

District Court, S.D. Ohio · Dec 9, 2019

The filings in the state court lawsuit certainly qualify as public records and they are plainly “central” to the questions presented here. Thus, the undersigned may consider them in the Rule 12(b)(6) context. … Ohio clearly recognizes the tort of spoliation of evidence, which, as an essential element, requires proof of intent. See McGuire v.

Barron v. Warden, Madison Correctional Institution

District Court, S.D. Ohio · Sep 23, 2024

merits a federal constitutional claim later presented to a federal habeas court, the federal court must defer to the state court decision unless that decision is contrary to or an objectively unreasonable application of clearly … established precedent of the United States Supreme Court. 28 U.S.C. § 2254(d)(1); Harrington v.

Changizi v. Department of Health and Human Services

District Court, S.D. Ohio · May 5, 2022

That doctrine allows private entities to qualify as “state actors” for First Amendment purposes “in a few limited circumstances—including, for example, (i) when the private entity performs a traditional, exclusive public … In Plaintiffs’ view, this clearly shows that the RFI is a “demand masquerading as an innocent ‘request.’” (Id.)

Carlton v. Warden, London Correctional Institution

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

established in Johnson. … established in Johnson.

Hazelwood v. Bayview Loan Servicing, LLC

District Court, S.D. Ohio · Feb 19, 2021

Consistent with its clearly expressed intent to put Notices of Error and Requests for Information on par with Qualified Written Requests, the CFPB rejected commentators’ requests to adopt exceptions for complying with § … That conduct clearly occurred prior to September 15, 2018 and therefore would not fall within the limitations period.

Shine-Johnson v. Warden, Belmont Correctional Institution

District Court, S.D. Ohio · Oct 30, 2023

A court only engages in the weighing of new versus old evidence in actual innocence claims if the new evidence first qualifies under Schlup, so Petitioner’s objection to the lack of such a weighing process is misplaced … “There is no clearly established Supreme Court precedent which holds that a state violates due process by permitting propensity evidence in the form of other bad acts evidence.” Bugh v.

Oder v. Commissioner of Social Security

District Court, S.D. Ohio · Apr 26, 2024

The relevant guideposts are: (1) whether the hourly rate passes the test established in Hayes v. … Sec’y of HHS, 923 F.2d 418 (6th Cir. 1990), the Sixth Circuit established that “a hypothetical hourly rate that is less than twice the standard rate is per se reasonable.” Id., 923 F.2d at 422.

Smith v. Commissioner for Social Security

District Court, S.D. Ohio · Sep 28, 2023

The ALJ's discussion of the applicable factors “must contain specific reasons for the weight given to the individual's symptoms, be consistent with and supported by the evidence, and be clearly articulated so the individual … Plaintiff contends that her self-reported limitations, “even if partially credited, establish that she cannot meet the basic demands of sustained, full-time competitive work . . . .”