Case law

Village of Maineville v. Hamilton Township

902 F. Supp. 2d 1072 · District Court, S.D. Ohio · Oct 10, 2012

The governmental conduct at issue in that case was clearly a proprietary function. … The record therefore establishes that the Township was enforcing its resolution against all Township properties, both annexed and non-annexed.

Hunter v. Eaches

District Court, S.D. Ohio · Jun 15, 2020

Qualified immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory … Accordingly, Defendant Eaches is entitled to qualified immunity. IV.

Wurzelbacher v. Jones-Kelley

728 F. Supp. 2d 928 · District Court, S.D. Ohio · Aug 4, 2010

Defendants assert that Plaintiff has not adequately pled his claims, and, in the alternative, that Defendants are entitled to qualified immunity. … Qualified Immunity As this Court finds that Plaintiff has failed to state a claim upon which relief may be granted as to both Counts of the Complaint, the Court need not address the issue of qualified immunity. V.

John and Jane Doe 1 v. Springboro Community City School District

District Court, S.D. Ohio · Jan 17, 2024

Plaintiffs need only plausibly allege a violation of a clearly established constitutional right. Id. … Warren Consolidated Schools above, the parents have plausibly alleged the violation of a clearly established constitutional right.

Stoutamire v. Eddy

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

Qualified Immunity Defendant also raises a brief argument that he is entitled to qualified immunity. … Qualified immunity is a two-step analysis: this Court must determine whether the official violated Plaintiff’s constitutional rights, and if so, whether those rights were clearly established at the time.

Doe v. Springboro Community City School District Board of Education

District Court, S.D. Ohio · Jan 31, 2024

Plaintiffs need only plausibly allege a violation of a clearly established constitutional right. Id. … Warren Consolidated Schools above, the parents have plausibly alleged the violation of a clearly established constitutional right.

Sheets v. Lape

District Court, S.D. Ohio · Mar 2, 2023

“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 … Norris violated Sheets’ clearly established right.

Ahl v. Thorner

1 F. Cas. 220 · District Court, S.D. Ohio · Jun 15, 1869

The effect of the payment clearly was to- withdraw so _ much from the assets of the firm, which should have been applied to the equal benefit of all its creditors. … This was clearly in conflict with the policy and the requirements of the bankrupt law. Thomer, as their indorser, had no privilege or immunity superior to those of the general creditors. *222 m.

Guy v. Board of Education Rock Hill Local Schools

District Court, S.D. Ohio · May 31, 2020

Qualified Immunity Defendants argue that they are entitled to qualified immunity on Plaintiff’s claims under § 1983. … Qualified immunity shields “[g]overnment officials performing discretionary functions” from liability for civil damages “as long as their conduct ‘does not violate clearly established statutory or constitutional rights

Gomez v. Ryan

District Court, S.D. Ohio · Sep 19, 2024

An official is entitled to qualified immunity so long as he has not violated a “clearly established statutory or constitutional right[] of which a reasonable person would have known.” Mullenix v. … Gomez’s clearly established constitutional rights, Patrolman Ryan is entitled to qualified immunity. 2. The City of Cambridge The scope of Mr.

Doamekpor v. Central State University

District Court, S.D. Ohio · Sep 15, 2025

Qualified immunity shields government officials from liability for civil damages in actions brought under § 1983, so long as their conduct did not violate clearly established statutory or constitutional rights of which … When a defendant raises qualified immunity, the plaintiff has the burden of showing a defendant is not entitled to qualified immunity. Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015).

Williams v. Warden, Chillicothe Correctional Institution

District Court, S.D. Ohio · Feb 26, 2025

Since Defendant has raised the qualified immunity defense, Plaintiff bears the burden of showing that he is not entitled to qualified immunity. Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015) (quoting Reilly v. … City of Southfield, Michigan, 37 F.4th 362, 368 (6th Cir. 2022) (noting out-of-circuit or unpublished cases “do not clearly establish anything as to the officers”), they do not clearly establish the right asserted.

Davis v. Crush

646 F. Supp. 1192 · District Court, S.D. Ohio · Aug 13, 1986

Ray, 386 U.S. 547, 553 , 87 S.Ct. 1213, 1217 , 18 L.Ed.2d 288 (1967) that Court stated as follows: “Few doctrines were more solidly established at common law than the immunity of Judges from liability for damages for acts … Ray and behind all cases of judicial immunity is quite clear.

Robertson

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

To the extent that Plaintiff would seek damages, if at all, Defendant enjoys a qualified and/or absolute immunity, including statutory immunity under R.C. § 2307.22, et seq. and/or privilege in this case. … These Defendants have qualified immunity, absolute immunity, a qualified privilege and/or absolute privilege which bars Plaintiff’s action. 8.

Guernsey Memorial Hospital v. Sullivan

796 F. Supp. 283 · District Court, S.D. Ohio · Mar 30, 1992

The basic statutory authority for reimbursement of reasonable costs by qualified healthcare providers is 42 U.S.C. § 1395x(v). … There are cases, however, where Congress has not clearly expressed in the language of a statute what result was intended.

Brazell-Hill v. Parsons

District Court, S.D. Ohio · Aug 17, 2020

Government officials acting in their official capacity are entitled to qualified immunity for discretionary acts which do not violate clearly established law that a reasonable person would have known. Anderson v. … Clearly Established To be “clearly established,” the right “must be so clearly established in a particularized sense that a reasonable officer confronted with the same situation would have known that

Coleman v. Legmah

District Court, S.D. Ohio · Sep 23, 2022

A government official is entitled to qualified immunity from a § 1983 claim unless (1) he or she “violated a constitutional right;” and (2) that right “was clearly established” at the time of violation. Bishop v. … As far as this Court can tell, there is no case setting forth a “clearly established right” to be free from such a threat. Thus, this portion of Mr.

Knight v. Kitchen

District Court, S.D. Ohio · Sep 22, 2020

Qualified immunity affords governmental officials protection “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … At the Rule 12 stage, courts “review an assertion of qualified immunity to determine only whether the complaint ‘adequately alleges the commission of acts that violated clearly established law.’” Back v.

Residential Finance Corp. v. U.S. Citizenship & Immigration Services

839 F. Supp. 2d 985 · District Court, S.D. Ohio · Mar 12, 2012

Rather, § 1252(a)(2)(B)(ii) — even as construed in CDI Information Services, Inc. — appears to target only those intrinsically specified instances where a decision is sufficiently discretionary so as to warrant immunization … As set forth above, § 1184(i)(l), (2) and 8 C.F.R. § 214.2 establish explicit criteria, which, if fulfilled, qualify an occupation as a “specialty occupation” and an alien beneficiary for nonimmigrant H-1B status.

El-Bey v. Wallace

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

When qualified immunity is raised, a court must decide, in no specific order: (1) whether, based upon the applicable law, a constitutional violation occurred; and (2) whether that violation involved a clearly established … Clearly Established If such a violation occurred, it was contrary to a clearly established constitutional right.