Case law

Warman v. Mount St. Joseph University

District Court, S.D. Ohio · Jan 3, 2024

However, “‘[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.’” … Plaintiff argues there is clearly established right because there is a clearly established right to be free from unreasonable searches and seizures. (Doc. 28 at 37).

Deavors v. Burnham

513 F. Supp. 919 · District Court, S.D. Ohio · May 5, 1981

However, this is not to say that my constitutional rights werenot violated, this is only to say thattthe defendants would be entitled to “Qualified Immunity”, Scheuer v. … immunity, that would make a 42 U.S.C. § 1983 forum improper for the declaratory relief as requested above, because if the court did declare that the defendants act were unconstitution but they are immune from monetary damages

Bowling v. Pfizer, Inc.

927 F. Supp. 1036 · District Court, S.D. Ohio · May 24, 1996

Both of these funds have been fully funded and are being distributed to qualifying class members. … Thus, the nature of Counsel’s work in this case clearly does not justify a larger award. III.

Guy v. United Healthcare Corp.

154 F.R.D. 172 · District Court, S.D. Ohio · Jun 16, 1993

This document is clearly protected by the attorney-client privilege and is thus protected from disclosure. … While the recipient, referred to only as "Preston,” is not otherwise identified, the privilege log, taken as a whole, clearly establishes this person as an agent of PHP. .

Nipponkoa Insurance v. Norfolk Southern Railway Co.

794 F. Supp. 2d 838 · District Court, S.D. Ohio · Jul 5, 2011

In other words, the rule against stipulations of immunity is not contravened by a clause that creates no immunity. Cf. CNH Am., LLC v. Int’l Union, United Auto., Aero., & Agric. … Cir.1974), but in that case, the Ninth Circuit held that “under certain circumstances parties to a contract of carriage may limit a stevedore’s liability [as an agent for the carrier], but only if the intent to do so is clearly

Bruce v. City of Miamisburg

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

In response, Bruce argued (1) that qualified immunity does not apply to Collins because she is being sued in her official capacity (Doc. … No. 22 at PageID 95-97); and, (2) that Collins violated a clearly established right, therefore, a qualified immunity defense does not apply. (Id. at PageID 97-100.)

Libertarian Party of Ohio v. Brunner

567 F. Supp. 2d 1006 · District Court, S.D. Ohio · Jul 17, 2008

Various Ohio statutes establish the dates of primary elections and the time to file candidacy petitions. … The Constitution gives the Ohio legislature significant discretion to establish election procedures.

United States v. Globe Chemical Co.

311 F. Supp. 535 · District Court, S.D. Ohio · Nov 4, 1969

immunity as well as for preparation of the case in the event immunity was not granted. … The defendants are clearly charged with a concerted action to fix prices of industrial chemicals in the Cincinnati area.

John Doe, et al. v. Miami Township, et al.

District Court, S.D. Ohio · Jan 27, 2026

“When plaintiffs seek to recover from a municipality, there is no requirement that a particular right be ‘clearly established[.]’” … Qualified immunity protects public officials from liability for civil damages if their conduct does not violate “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Golden v. Ohio Department of Rehab. and Corr.

District Court, S.D. Ohio · Oct 10, 2024

Golden has failed to establish that his constitutional rights were violated. (ECF No. 48, PAGEID # 288–89.) Sergeant Marshall also asserts that he is entitled to qualified immunity. … Golden had met his burden of establishing a Fourth or Eighth Amendment violation, Sergeant Marshall is entitled to qualified immunity because his actions would not constitute a violation of a “clearly established” right

Bullocks v. C/O Hale

District Court, S.D. Ohio · Apr 6, 2020

Bullocks also objects to the Magistrate Judge’s finding that Defendants are entitled to qualified immunity. … Callahan, 555 U.S. 223, 236 (2009) (noting that Court can consider the underlying merits before or after the question of qualified immunity).

Gillie v. Law Office of Eric A. Jones, LLC

37 F. Supp. 3d 928 · District Court, S.D. Ohio · Aug 12, 2014

Finally, the Plaintiffs argue, a 1975 advisory opinion issued by the Ohio Ethics Commission of the Ohio Supreme Court clearly establishes that special counsel are nothing more than independent contractors. … unequivocal waiver of sovereign immunity.

Sullivan v. Kelsey

District Court, S.D. Ohio · Feb 7, 2022

Defendants further argue that they are entitled to immunity under the theories of either tort immunity, absolute immunity, or qualified immunity. … In this regard, 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

Montgomery v. Whitman

District Court, S.D. Ohio · Sep 3, 2020

‘clearly established’ at the time of the challenged conduct.” … Whitman argues that he is entitled to qualified immunity because he was acting within his discretionary authority and he did not act objectively unreasonably in light of a clearly established constitutional right.

Sebestyen v. Gardner

District Court, S.D. Ohio · May 12, 2021

For these reasons, Defendants have not established that they are entitled to qualified immunity on Plaintiff’s claims. (ECF No. 53, at 8.) … Accordingly, Defendants have not established that they are entitled to qualified immunity on Plaintiff’s claims. C.

Gant v. Elam

District Court, S.D. Ohio · Mar 31, 2022

Second, they claim that all Defendants in their official capacities should be dismissed under the doctrine of qualified immunity. … need not reach qualified immunity here.

Call v. Melvin

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

Once a defendant asserts qualified immunity, “‘the ultimate burden of proof is on the plaintiff to show that the defendant is not entitled to qualified immunity.’” Palma v. … If, viewing the facts in the light most favorable to the plaintiff, either of these two prongs cannot be established, the defendant is entitled to qualified immunity. Mitchell v.

Cosby v. United States

472 F. Supp. 547 · District Court, S.D. Ohio · Jan 17, 1979

The complainant in a Title VII trial must carry the initial burden under the statute of establishing a prima facie case of racial discrimination. … Cosby belongs to a racial minority; he applied for the job of housekeeping aid foreman for which he was clearly qualified; despite his qualifications he was rejected; and after his rejection the V.A. continued to seek applicants

Gulett v. Haines

229 F. Supp. 2d 806 · District Court, S.D. Ohio · Jun 14, 2002

The Plaintiff has not demonstrated that any of the exceptions to immunity apply. … The policy defines the Health Care Services Unit as an area established within the jail where organized health care services are rendered on a daily basis by qualified health care professionals (emphasis added). 15 .

Turner v. Davis

District Court, S.D. Ohio · May 27, 2021

“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 … “To determine whether an officer is entitled to qualified immunity, a court evaluates two independent prongs: whether the officer's conduct violated a constitutional right, and whether that right was clearly established