Case law
Opinions from 1658 to today.
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District Court, S.D. Ohio · Aug 20, 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. … Officer Rectenwald is thus entitled to qualified immunity on Ms.
Cited 0 timesUnknownSmith v. Miami Valley Hospital
District Court, S.D. Ohio · Jan 17, 2025
Defendants are appealing this Court’s Order (1) denying Defendants’ motion to stay discovery pending a ruling on a motion for partial summary judgment; and (2) holding the qualified immunity determination in abeyance. … No. 56) constitutes a “clearly nonappealable order” due to its potential impact on the qualified immunity arguments Defendants raise in their motion for partial summary judgment. See Doc. No. 35.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 31, 2023
That leaves the second prong of qualified immunity—whether the right was clearly established. … And of course, the Court need not consider whether this constitutional right was clearly established because Spoljaric did not assert qualified immunity.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Dec 1, 2022
Defendant is not entitled to qualified immunity on plaintiff’s Eighth Amendment excessive use of force claim. … , and (2) whether that right was clearly established.”
Cited 0 timesUnknown834 F. Supp. 233 · District Court, S.D. Ohio · Jul 30, 1992
The Defendants also contend that the pendent state law claims should be dismissed if the Defendants prevail on their argument that no federal claim has been established. … Thus, the Defendants argue that the Plaintiff has not established a claim for relief for a violation of 42 U.S.C. § 1983 .
Cited 0 timesPublishedDistrict Court, S.D. Ohio · Apr 25, 2024
Since the Defendants have raised the qualified immunity defense, Plaintiff bears the burden of showing that Defendants are not entitled to qualified immunity. Johnson v. … For these reasons, Defendants are entitled to qualified immunity on these claims. E.
Cited 0 timesUnknown886 F. Supp. 2d 820 · District Court, S.D. Ohio · Aug 15, 2012
The State of Ohio’s “oversight of state and local elections is clearly an important state interest.” Citizens for a Strong Ohio v. Marsh, 123 Fed.Appx. 630, 634 (6th Cir.2005). … be filed by a qualified elector of the same political party.
Cited 2 timesPublishedDistrict Court, S.D. Ohio · Sep 23, 2020
Whether Defendants are Entitled to Qualified Immunity Defendants finally contend that they are entitled to qualified immunity on all claims and that the Magistrate Judge failed to address that defense. … Regardless, based on the caselaw discussed above, the Sixth Circuit has clearly established that a prisoner cannot be retaliated against for filing a non- frivolous grievance, thus, even if Defendants’ qualified immunity
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Aug 18, 2026
Motion for Summary Judgment Qualified immunity protects a government official from suit where her “conduct does not violate clearly established statutory or constitutional rights of which a reasonable … A determination of qualified immunity has two considerations: “(1) whether the facts alleged support a violation of the plaintiff's constitutional rights, and (2) if they do, whether that right was clearly established
Cited 0 timesUnknownDRFP, LLC v. Republica Bolivariana de Venezuela
945 F. Supp. 2d 890 · District Court, S.D. Ohio · May 14, 2013
This type *911 of administrative determination is clearly a governmental function within the meaning of Ohio law. … Second, Defendants have failed to establish a substantial ground for difference of opinion.
Cited 31 timesPublishedDistrict Court, S.D. Ohio · Mar 4, 2026
qualified immunity. … But that determination hinged upon the conclusion that Hopson had not sufficiently established his Eighth Amendment claim, as there would then be no constitutional violation at issue for the purposes of qualified immunity
Cited 0 timesUnknownCity of Reynoldsburg v. Browner
834 F. Supp. 963 · District Court, S.D. Ohio · Jun 24, 1993
These prayers for relief are clearly equitable in nature and prospective in operation. … Thus, the Court concludes the City has alleged a strong enough nexus to establish standing. All three elements of the Valley Forge test have been sufficiently alleged.
Cited 1 timesPublishedDistrict Court, S.D. Ohio · Mar 29, 2023
’s constitutional rights, and (2) the right was clearly established and one of which a reasonable officer would have known. … Because the Court concludes the force each used was reasonable and not excessive, they are all entitled to qualified immunity. Consequently, the Court need not address prong (2) of the qualified immunity analysis.
Cited 0 timesUnknown722 F. Supp. 372 · District Court, S.D. Ohio · Oct 4, 1989
Housing Act of 1937, as amended, or the rent established for the unit in paragraph (a) of this section, provided that families who qualify to pay a lesser percentage of income pursuant to section 8 shall not be required to … Prior to § 290.17(b)’s amendment in 1988, the regulation was clearly inconsistent in pertinent respects with § 1437a.
Cited 2 timesPublishedKenjoh Outoor, LLC v. Marchbanks
District Court, S.D. Ohio · Sep 10, 2020
Qualified immunity shields government officials performing discretionary functions from § 1983 suits so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable … from such distinction was not clearly established when Fling acted.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · May 31, 2020
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 … “Unless the plaintiff’s allegations state a claim 10 of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal
Cited 0 timesUnknownGS Holistic, LLC v. Dixie Retail Inc
District Court, S.D. Ohio · Oct 9, 2025
Plaintiff's Motion to Strike as to the Fourth Defense, qualified immunity, is well-taken. … “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
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Apr 8, 2021
Because Defendants are entitled to qualified immunity unless they violated a clearly established constitutional right, and no constitutional violation occurred here, the undersigned agrees that Defendants are entitled to … qualified immunity.
Cited 0 timesUnknownFeucht v. Triad Local Schools Board of Education
District Court, S.D. Ohio · Dec 2, 2019
Qualified immunity generally shields government officials who are performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … To avoid the shield of qualified immunity, a plaintiff must properly plead “facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of
Cited 0 timesUnknownScooter Store, Inc. v. SpinLife. Com, LLC
777 F. Supp. 2d 1102 · District Court, S.D. Ohio · Apr 18, 2011
The petitioner must also allege that the defendant believed that the other user had superior or clearly established rights. Even assuming that the facts are true, SpinLife cannot satisfy these pleading requirements. … Even if proven, these facts do not establish that TSS believed or had no reasonable basis not to believe that Trautman had a superi- or or clearly established right to the mark.
Cited 21 timesPublished
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