Case law

Spencer v. Jordan

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

Qualified Immunity The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity is judged by making two inquiries (in either order).

Fontaine v. Clermont County Board of Commissioners

633 F. Supp. 2d 530 · District Court, S.D. Ohio · Sep 6, 2007

The Court finds rather that “[p]laintiffs [have] a clearly established right to be free from retaliation for exercising their right of access to the courts.” Warmus v. … Each Defendant is entitled to qualified immunity in their respective individual capacities, as no constitutional violation has occurred in this matter. Spurlock v. Satterfield, 167 F.3d 995, 1005 (6th Cir.1999). E.

Bender v. Village of Mariemont

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

The Fourth Amendment Right at Issue Was Clearly Established. That a jury could find that the Officers violated Bender’s Fourth Amendment rights is only half of the qualified-immunity analysis. … by qualified immunity in cases going forward.

Bowen v. Sidney Police Department

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

under clearly established law. … “‘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

Katula v. Delaware County Board of Elections

District Court, S.D. Ohio · Jul 11, 2024

conduct does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. … The more difficult inquiry—though dispositive for both parties—is whether Katula can establish a constitutional violation under the first prong of a qualified immunity analysis.

Wade v. Franklin County, Ohio

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

Qualified immunity protects state officials so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Thus, “officers are entitled to qualified immunity under §1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

Jacobs

District Court, S.D. Ohio · Feb 18, 2026

Qualified Immunity “The qualified-immunity standard is a familiar one. … Also, to avoid qualified immunity for Brisset and Blackburn—the only two Defendants against whom Claim One remains pending — Plaintiff must show that the statute’s facial invalidity was clearly established.

Durham v. Niffenegger

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

The doctrine of qualified immunity generally protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established … The qualified immunity analysis comprises two considerations: (1) “whether the facts alleged make out a violation of a constitutional right,” and (2) “whether the right at issue was clearly established when the event occurred

Williams Ex Rel. Allen v. Cambridge Board of Education

186 F. Supp. 2d 808 · District Court, S.D. Ohio · Jan 18, 2002

All of the Defendants have filed Motions for Summary Judgment, contending, in addition to their argument that the Plaintiffs’ claims must fail on the merits, that they are entitled to qualified immunity and statutory immunity … Immunity The Defendants have argued that they are entitled either to federal qualified immunity or state statutory immunity with respect to each of the Plaintiffs’ claims.

Ratcliff v. Moore

614 F. Supp. 2d 880 · District Court, S.D. Ohio · Apr 24, 2009

clearly established law. … Furthermore, Defendants are entitled to qualified immunity because Plaintiff has not shown either a constitutional violation nor that what Defendants did was “objectively unreasonable” in light of clearly established law.

White v. Erdos

District Court, S.D. Ohio · Nov 30, 2022

Qualified Immunity Assuming Plaintiff has met his burden of establishing a violation of his Eighth Amendment rights, which he has not, Defendant Welch is entitled to qualified … 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

Kilroy v. Husted

868 F. Supp. 2d 652 · District Court, S.D. Ohio · Apr 16, 2012

Indeed, the Ninth Circuit described Children’s Healthcare as being “concerned with the question of ‘who’ rather than ‘when.’ ” National Audubon Soc’y, 307 F.3d at 846 ; see also Deida at 915 (“If state law clearly empowers … In order to run for office, Zielasko would have had to file a “declaration of candidacy” form under Ohio law stating that he was a “qualified candidate” for the office he was seeking. Id. at 959 .

Leslie v. Lacy

91 F. Supp. 2d 1182 · District Court, S.D. Ohio · Mar 29, 2000

Defendants Williams and Pike County contend that they are entitled to qualified immunity. However, the defense of qualified immunity protects only natural person defendants in their individual capacities. Painter v. … Thus, the defense of qualified immunity is not available to the defendants in this case.

Cowan v. Doe 1

District Court, S.D. Ohio · Dec 20, 2024

Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … There are two steps to the qualified immunity analysis: (1) whether the officer’s conduct violated a constitutional right, and (2) if the first step is satisfied, whether the right was clearly established at the time of

Stoutamire v. Eddy

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

Qualified Immunity Defendant also raises a qualified immunity defense, arguing that Plaintiff’s right is not “clearly established” and that the unconstitutionality of … The doctrine of qualified immunity shields officials from civil liability if their actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Heeter v. Bowers

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

Qualified immunity doctrine generally protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity analysis comprises two considerations: (1) “whether the facts alleged make out a violation of a constitutional right,” and (2) “whether the right at issue was clearly established when

Estate v. Fairfield City Sch. Dist. Bd. of Educ.

341 F. Supp. 3d 793 · District Court, S.D. Ohio · Sep 21, 2018

Construing the Second Amended Complaint in the light most favorable to Plaintiffs, the Court concludes that it is plausible that these Defendants' acts violated Plaintiffs' clearly established constitutional right. … provisions of R.C. 2744.02(B), which details when a political subdivision is not immune.

Gross v. Kenton Structural & Ornamental Ironworks, Inc.

581 F. Supp. 390 · District Court, S.D. Ohio · Feb 16, 1984

Clearly the Industrial Commission would not be acting in a judicial capacity if a claim is undisputed and, therefore, its determination that an injury arose out of employment could not have res judicata effect. … Defendant concludes, therefore, that the architects could have no liability for plaintiff’s death as this testimony establishes that Monarch’s removal of the scaffolding was the proximate cause of Mr. Gross’s death.

White v. Erdos

District Court, S.D. Ohio · Mar 30, 2022

The doctrine of qualified immunity shields government officials from civil damages provided that their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would … , and (2) was the right clearly established at the time of the injury?

Bates v. Ohio Department of Rehabilitation and Corrections

District Court, S.D. Ohio · May 12, 2023

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … When raised in a motion to dismiss, a defendant pleading qualified immunity obtains dismissal before commencing discovery “[u]nless the plaintiff’s allegations state a claim of violation of clearly established law.”