Case law

Collik v. Pohlable

District Court, S.D. Ohio · Feb 15, 2022

Pohlabel counters by arguing that he had probable cause to stop Collik’s vehicle and that, even if he did not, he is still entitled to qualified immunity because he did not violate clearly established law. (Doc. … Pearson, 555 U.S. at 232, 243-45 (police officers were entitled to qualified immunity on Section 1983 claims because it was not clearly established that their conduct was unlawful at the time).

Peterson v. Johnson

District Court, S.D. Ohio · Sep 13, 2022

In opposition, Plaintiff argues that discovery should be stayed at most as to the individual-capacity claims to which qualified immunity might apply; case law establishes that discovery as to Plaintiff’s official-capacity … Yet only some of Plaintiff’s claims are subject to a qualified immunity defense. Plaintiff’s official-capacity claims for injunctive relief will not be affected by the Court’s immunity ruling.

Charlton-Perkins v. University Of Cincinnati

District Court, S.D. Ohio · Aug 18, 2025

“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 … established constitutional right and, accordingly, qualified immunity shields Drs.

Belcher v. Ohio Department of Human Services

48 F. Supp. 2d 729 · District Court, S.D. Ohio · Jun 9, 1999

To establish such a policy, the plaintiff must clearly demonstrate some “over-arching policy of discrimination,” and not merely the occurrence of isolated incidents of discrimination. See Janikowski v. … This right is clearly established pursuant to 45 C.F.R. §§ 80.6 (d) and 80.4(b)(2). Thus, by federal regulation, Plaintiff had an established right to be notified of her right to pursue civil rights actions.

Franz v. Five Rivers MetroParks

254 F. Supp. 2d 753 · District Court, S.D. Ohio · Dec 30, 2002

As Chief Jones points out in his Reply brief (Doc. # 23), Franz raises a number of issues in her Response brief which are clearly outside the scope of her pleadings. … First, to show she was qualified, pursuant to the third prong, Franz need only demonstrate she met the basic criteria established by MetroParks. See, e.g., Brown v.

Lynne Gooden v. Chris Batz

District Court, S.D. Ohio · Jun 10, 2021

The qualified immunity defense protects defendants “from both liability and trial [as] long as they do ‘not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … rights thus making qualified immunity appropriate.

Caskey v. Fenton

District Court, S.D. Ohio · Feb 1, 2022

Qualified immunity shields 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 … Qualified immunity is a two-step analysis: this Court must determine whether the officers violated Plaintiff’s constitutional rights, and if so, whether those rights were clearly established at the time.

Baugus v. Newsome

District Court, S.D. Ohio · Feb 1, 2023

Fox should be granted summary judgment because they did not violate Michael’s clearly established Fourteenth Amendment rights” and, therefore, are entitled to qualified immunity. (ECF No. 51, Page 16). … The 6th Circuit has declared that “When a qualified immunity defense is asserted at the pleading stage, we have historically found that the inquiry should be limited to the "clearly established" prong of the analysis if

Gipson v. Hamilton County Common Pleas Court

District Court, S.D. Ohio · Nov 21, 2023

“Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s … Thus, when a defendant raises qualified immunity, the plaintiff must show that (1) “a constitutional violation has occurred” and (2) “the violation involved a clearly established constitutional right of which a reasonable

Bryan v. Jewell

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

Qualified Immunity To hold a government official liable in his individual capacity, the plaintiff must overcome the affirmative defense of qualified immunity. … Although qualified immunity is an affirmative defense, “[t]he ultimate burden of proof is on the plaintiff to show that the defendant is not entitled to qualified immunity.” Gardenhire v.

Williams v. Miniard

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

There are two steps to the qualified immunity analysis: (1) whether the officer’s conduct violated a constitutional right, and (2) and if the first step is satisfied, whether the right was clearly established at the time … The right to be free from excessively forceful or unduly tight handcuffing is clearly established for purposes of the qualified immunity analysis. Kostrzewa v. City of Troy, 247 F.3d 633, 641 (6th Cir. 2001).

Howell v. The Ohio State Highway Patrol Subdivision

District Court, S.D. Ohio · Dec 2, 2019

Thus, a governmental official performing discretionary functions will be entitled to qualified immunity unless his or her actions violate “clearly established statutory or constitutional rights of which a reasonable person … would be entitled to qualified immunity because he did not violate any “clearly established” law.

McGuire v. Ameritech Services, Inc.

253 F. Supp. 2d 988 · District Court, S.D. Ohio · Jan 15, 2003

Ohio’s Immunity from Suit The Court will first consider the State’s immunity from suit in federal court. … As the Court has already found that the State clearly intended County Defendants to establish collect calling systems, the parties are not to address that particular point any further.

Jackson v. Bachman

District Court, S.D. Ohio · Jun 2, 2021

Qualified Immunity Defendant argues that plaintiff’s constitutional claims must fail because he did not violate any of plaintiff’s clearly established constitutional rights … The qualified-immunity doctrine “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

Hicks v. Crowley

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

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 … at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.”

Abdur-Rahim v. City of Columbus, Ohio

District Court, S.D. Ohio · Dec 3, 2019

Abdur-Rahim’s Right to Be Free from Excessive Force Was Clearly Established In the context of qualified immunity, for a right to be clearly established “[t}he contours of the right must be sufficiently … Plaintiffs argue that Officer Masters is not entitled to qualified immunity because he violated Abdur-Rahim’s clearly established right to be free from excessive force.

Place v. Warren Local School District Board of Education

District Court, S.D. Ohio · Mar 6, 2024

Qualified Immunity Defendants argue that they are entitled to qualified immunity for the claims against them in their individual capacities. … Therefore, at least at the summary judgment stage, Plaintiff has satisfied the first qualified immunity prong. Next, the Court turns to the “clearly established right” prong.

Spencer v. Jordan

District Court, S.D. Ohio · Dec 6, 2023

that he was entitled to qualified immunity because no clearly established constitutional rights were violated. … And the Eighth Amendment right at issue, at least as best as can be understood from the well-pleaded factual allegations at this stage of the litigation, was clearly established.

Sturgill v. Muterspaw

District Court, S.D. Ohio · Mar 28, 2025

Dumouchelle maintains that Plaintiff failed to overcome her claim of qualified immunity because he failed to show “(1) that Dumouchelle violated [Plaintiff’s] constitutional rights and (2) the right was clearly established … Therefore, as the Sixth Circuit has established, “[n]urses employed by a private medical provider . . . are not entitled to assert qualified immunity.” Howell v.

Siefert

District Court, S.D. Ohio · Jan 2, 2026

Qualified Immunity For government officials, qualified immunity can offer a shield from civil liability. … Butler contributed to the deprivation, she is not entitled to qualified immunity under § 1983. To recap, the Court finds that Children’s, Dr. Bowden, and Ms. Weir are entitled to qualified immunity. But Ms.