Case law

Sollenberger v. Sollenberger

173 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 25, 2016

clearly established constitutional right. … Sept. 29, 2006) (stating R.C, 311.05 establishes qualified immunity for a sheriff).

Fitzpatrick v. Meyer

809 F. Supp. 1299 · District Court, S.D. Ohio · Dec 9, 1992

A defendant is entitled to summary judgment on qualified immunity grounds if he shows in light of clearly established principles that he could, as a matter of law, reasonably have believed that his actions were lawful. … The Defendants assert that qualified immunity is proper because “Cribett’s actions and those of his superior Mackey and his employer MRDD did not violate clearly established statutory or constitutional rights which Defendant

Hora v. Risner

District Court, S.D. Ohio · May 24, 2021

immunity analysis is whether the law was clearly established. 2. … Clearly Established Law? In Plumhoff v.

Doe v. University of Cincinnati

173 F. Supp. 3d 586 · District Court, S.D. Ohio · Mar 23, 2016

A public official is entitled to qualified immunity and thus shielded from suit under § 1983, for his . actions if his conduct.does not violate a clearly established statutory or constitutional right of which a reasonable … When a defendant raises qualified immunity as a defense, as the Defendants have doné' in this case, the plaintiff bears the burden of demonstrating that the defendant is not entitled to qualified immunity, Everson v.

Shoup v. Doyle

974 F. Supp. 2d 1058 · District Court, S.D. Ohio · Sep 24, 2013

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) and stating that “once the [defendants] raise qualified immunity, Jackson must plead the violation of a clearly established constitutional right”)).

Johnson v. Wolgemuth

257 F. Supp. 2d 1013 · District Court, S.D. Ohio · Mar 10, 2003

established and that the Defendants are therefore entitled to qualified immunity. … established right, qualified immunity cannot attach on summary judgment. 882 F.2d at 215-16 .

Caddell v. Campbell

District Court, S.D. Ohio · May 28, 2021

Separately, he argues that even if a jailor could bear legal liability in that setting, it was not clearly established that a jailor could, and thus qualified immunity is warranted. (Id. at #209–213). … To succeed on his qualified immunity defense, on the other hand, Jones must establish that Cadell failed to allege that Jones’s “conduct violated a constitutional right that was clearly established law at the time.”

Ohio Ex Rel. Manuel v. Ohio Department of Health

810 F. Supp. 928 · District Court, S.D. Ohio · Dec 2, 1992

An official is entitled to qualified immunity if his actions are objectively reasonable in light of clearly established law. Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … Defendants have qualified immunity unless Plaintiff’s “rights were so clearly established when the acts were committed that any officer in the [Defendant’s position, measured objectively, would have clearly understood that

Kinkus v. Village of Yorkville

476 F. Supp. 2d 829 · District Court, S.D. Ohio · Mar 13, 2007

Next, the Court must determine whether Plaintiffs rights under the First and Four Amendments are “clearly established” in this case for purposes of qualified immunity. … Rather than directing his argument to the second step of the qualified immunity analysis, the “clearly established” prong, Officer Popp focuses all of his arguments on the first prong. None of these arguments is novel.

Gregg v. Ohio Department of Youth Services

661 F. Supp. 2d 842 · District Court, S.D. Ohio · Sep 22, 2009

Telb, 831 F.2d 673 (6th Cir.1987), when the defense of qualified immunity is raised, a plaintiff must include in the pleadings factual allegations necessary to support the conclusion that the defendants violated clearly established … Gregg’s constitutional rights, it is unnecessary to reach the “clearly established” prong of qualified immunity as to these defendants. See Bukowski v. City of Akron, 326 F.3d 702, 708 (6th Cir.2003).

Watkins v. Millennium School

290 F. Supp. 2d 890 · District Court, S.D. Ohio · Nov 18, 2003

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 known.” Id. … In elaborating on “clearly established,” the Supreme Court stated in Anderson v.

LeFever v. Ferguson

956 F. Supp. 2d 819 · District Court, S.D. Ohio · Jul 9, 2013

Raker’s qualified immunity defense. … clearly established as early as 1964.”

Shevlin v. Cheatham

211 F. Supp. 2d 963 · District Court, S.D. Ohio · May 7, 2002

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 known.” Id. … immunity because he violated clearly established rights.

Paige v. Coyner

867 F. Supp. 2d 975 · District Court, S.D. Ohio · Mar 29, 2012

Qualified Immunity Defendants next urge the Court to find that Defendant Coyner is entitled to qualified immunity. … Defendants assert that Coyner is entitled to immunity because Plaintiff has not shown that the constitutional right she claims was violated was clearly established at the time (doc. 39).

Stevens-Rucker v. City of Columbus

242 F. Supp. 3d 608 · District Court, S.D. Ohio · Mar 16, 2017

Qualified Immunity It is well-established that “[p]o-lice officers are immune from civil liability unless, in the course of performing their discretionary functions, they violate the plaintiffs clearly established constitutional … Accordingly, Frenz is entitled to qualified immunity for his use of force against White because Plaintiff has failed to establish either prong of the two-part test.

Siefert v. Hamilton Cnty. Bd. of Comm'rs

354 F. Supp. 3d 815 · District Court, S.D. Ohio · Nov 15, 2018

"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 person … Williams-Ash , this Court cannot conclude that County Defendants have violated a clearly established procedural due process right. The County Defendants therefore are entitled to qualified immunity on this claim. c.

M.P., a Minor v. Monroe Local Schools

District Court, S.D. Ohio · Sep 30, 2021

"An official sued under §1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity shields "government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established

Harris v. Adams

410 F. Supp. 2d 707 · District Court, S.D. Ohio · Jul 20, 2005

First, in determining whéther a constitutional right is clearly established, the court must first look to decisions of the U.S. … A public official is entitled to qualified immunity and thus protected from liability under § 1983 for his actions if his conduct does not violate a clearly established statutory or constitutional right of which a reasonable

Webb v. Greene County Sheriff's Office

494 F. Supp. 2d 779 · District Court, S.D. Ohio · Jul 6, 2007

Even where an officer has violated a plaintiffs constitutional rights, that officer is entitled to qualified immunity if the right that he violated was not “clearly established” at the time of the violation. … As the right that Keller is accused of violating was clearly established at the time of the *795 arrest, he is not entitled to qualified immunity. 4.

Gillman v. Schlagetter

777 F. Supp. 2d 1084 · District Court, S.D. Ohio · Aug 30, 2010

Qualified immunity shields a government official from liability for civil damages, and protects them from the burdens of litigation, if his conduct does not violate clearly established statutory or constitu *1097 tional rights … When a Plaintiff asserts the defense of qualified immunity, he must establish the right allegedly violated to be established to the extent that a reasonable person in the position of the defendant would have clearly understood