Case law

Rote v. Zel Custom Mfg., LLC

383 F. Supp. 3d 779 · District Court, S.D. Ohio · Apr 12, 2019

DGFM then moved to dismiss the claims against it on the basis of foreign sovereign immunity. The court denied the motion and the Sixth Circuit affirmed, holding that DGFM was not entitled to sovereign immunity. … The provision of the Foreign Sovereign Immunities Act at issue dealt with the "commercial activity" exception to immunity.

Wiley v. City of Columbus

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

Therefore, Andrews and Shaffner are also entitled to qualified immunity under this prong of the qualified immunity analysis. E. … “When federal qualified immunity and Ohio state-law immunity under [Ohio Rev.

Golden v. Ohio Department of Rehab. and Corr.

District Court, S.D. Ohio · Aug 16, 2024

Thus, a governmental official performing discretionary functions will be entitled to qualified immunity unless his actions violate “clearly established statutory or constitutional rights of which a reasonable person would … Furthermore, the actions taken by Defendant Marshall would not constitute a violation of a “clearly established” right for the purposes of qualified immunity because Defendant Marshall acted reasonably, and the search

Bradley v. Ohio Ethics Commission

District Court, S.D. Ohio · Aug 22, 2023

may be able to assert personal immunity defenses, such as . . . absolute prosecutorial immunity,” quasi-judicial immunity, or qualified immunity. Id. … First, qualified immunity “extends to individuals performing discretionary functions unless their actions violate ‘clearly established statutory or constitutional rights of which a reasonable person would have

Isaac v. Conrad

39 F. Supp. 2d 1025 · District Court, S.D. Ohio · Mar 9, 1999

In the alternative, Defendants assert that they are entitled to the defense of qualified immunity. (Motion to Dismiss, p. 1) II. … immunity.

DeGroat v. Townsend

495 F. Supp. 2d 845 · District Court, S.D. Ohio · Jul 5, 2007

Peretsman states that AFI 48-123 establishes the medical standards for retention of military personnel and the medical standards for admission or readmission of those seeking to enter military service (id. ¶ 2). … Clearly, the thrust of her request for service credit is that she be deemed to have twenty years of military service, thus allowing her to receive her lost retirement pay.

Hughes-Bechtol, Inc. v. West Virginia Board of Regents

527 F. Supp. 1366 · District Court, S.D. Ohio · Dec 4, 1981

With respect to the alternate ground for dismissal, which had been premised upon executive immunity, id. at 238, 94 S.Ct. at 1687, the Court indicated that since the immunity to be accorded the executive officers was qualified … An examination of the legislative history of the United States Arbitration Act establishes beyond peradventure that Congress had no intention of abolishing state immunity from suit when it enacted the Arbitration Act.

Charter Oak Federal Sav. Bank v. State of Ohio

666 F. Supp. 1040 · District Court, S.D. Ohio · May 18, 1987

The Court in Green explained the actions by the State of Utah defendants were part of the state’s clearly governmental function of regulating state-chartered commercial institutions. Green, 539 F.2d at 1274 . … The exceptions to eleventh amendment immunity are inapplicable, as Congress neither abrogated the states’ eleventh amendment immunity for violations of the antifraud provisions, nor has plaintiff established that defendants

Jones v. Village of Golf Manor

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

Thus, a governmental official performing discretionary functions will be entitled to qualified immunity unless his actions violate “clearly established statutory or constitutional rights of which a reasonable … Here, the claimed constitutional violations in this context are not clearly established.

Petrey

District Court, S.D. Ohio · Jul 14, 2026

action, qualified immunity bars these claims. … And, since Plaintiff has failed to allege that Defendant violated his clearly established rights, the Court agrees that qualified immunity bars these claims to the extent they are brought against Defendant in

Brown v. Cool

District Court, S.D. Ohio · Mar 29, 2024

“Qualified immunity shields government officials in the performance of discretionary functions from standing trial for civil liability unless their actions violate clearly established rights.” DiLuzio v. … established at the time of the use of force such that Defendant Osbourne is not entitled to qualified immunity.

Bartlett v. Village of Golf Manor, Ohio

District Court, S.D. Ohio · Jul 2, 2024

Qualified immunity Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages … a constitutional right; and (2) the right was clearly established.”

Satterfield v. Karnes

736 F. Supp. 2d 1138 · District Court, S.D. Ohio · Aug 23, 2010

Several factors affect the weight to be given to these acts: “the severity and prevalence of the similar acts of harassment, whether the similar acts have been clearly established or are mere conjecture, and the proximity … The Stay Away Order was clearly sufficient up until the December “don’t look at me” comment.

McIntyre v. Love

District Court, S.D. Ohio · Sep 13, 2023

Ed. 2d 411 (1985) (“Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”) … Officers are entitled to qualified immunity unless (1) they violated a federal statutory or constitutional right; and (2) that right was clearly established at the time of the incident. Crawford v.

Meadows v. Coppick

District Court, S.D. Ohio · Oct 25, 2022

Turning to qualified immunity, the R&R held that Coppick, Plowman, Kinner, Boyd, and Smith each plausibly violated clearly established law by allegedly failing to intervene on Meadows’ behalf. (Id. at #194). … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Colston v. Eddy

District Court, S.D. Ohio · Jan 7, 2025

Eddy is not entitled to qualified immunity. See Ciminillo v. … Streicher, 434 F.3d 461, 466 (6th Cir. 2006) (“When the defense of qualified immunity is raised, it is the plaintiff's burden to prove that the state officials are not entitled to qualified immunity.”).

Williams v. Lederle Laboratories

591 F. Supp. 381 · District Court, S.D. Ohio · Jul 9, 1984

In Stanback , however, the Court carefully qualified its decision. … The case before us similarly does not involve a massive nationwide immunization program.

Hopson v. Bumgardner

District Court, S.D. Ohio · Mar 31, 2025

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Therefore, Plaintiff fails to establish that Defendant Bumgardner is not entitled to qualified immunity.

Driscoll v. Montgomery County Board of Commissioners

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

A plaintiff may only meet his burden and overcome a defendant’s claim to qualified immunity where he can show that: “(1) the defendant violated a constitutional right; and (2) the right was clearly established.” … Clearly Established Right Deputy Smiley would still be entitled to qualified immunity if her constitutional violation did not run afoul of Driscoll’s clearly established rights.

Schneider v. City of Springfield

102 F. Supp. 2d 827 · District Court, S.D. Ohio · Jan 5, 1999

In that ruling, the Administrator concluded that civilian police dispatchers do not qualify for the exemption because they are not “employed in law enforcement activities.” … Nevertheless, for the same reasons set forth more fully infra, the Court can envision no circumstances under which the Defendant would be immune from all damages with respect to Whitehead.