Case law

JACKIE S. v. Connelly

442 F. Supp. 2d 503 · District Court, S.D. Ohio · Jul 20, 2006

There are, however, three qualified exceptions to Eleventh Amendment immunity. See Lawson v. Shelby Cty., 211 F.3d 331 , 334-35 (6th Cir.2000) (discussing exceptions to the Eleventh Amendment). … (B) List The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable in laws ...

Gilbar v. United States

108 F. Supp. 2d 812 · District Court, S.D. Ohio · Mar 19, 1999

(Id. at 31-32) As training officer, Mathews was “responsible for developing training to ensure that the operations team was qualified for their war time tasking.” … The United States, therefore, has not waived its sovereign immunity for defamation claims.

King v. City of Columbus

District Court, S.D. Ohio · Sep 19, 2023

immunity defense through the lens of the federal qualified immunity analysis.” … Here, the federal district court granted summary judgment to the police officers on the basis of qualified immunity, finding that “their conduct was objectively reasonable and did not violate clearly established

Hormann v. City of Zanesville

District Court, S.D. Ohio · Sep 24, 2020

An official is entitled to the defense of qualified immunity so long as he has not violated a “‘clearly established statutory or constitutional right[] of which a reasonable person would have known.’” White v. … The qualified immunity analysis therefore involves two steps: (1) determine whether the facts plead constitute the violation of a constitutional right, and (2) determine whether that right was clearly established at the

Wood v. Eubanks

District Court, S.D. Ohio · May 11, 2020

Even if a government official deprives a plaintiff of a federal right, “qualified immunity will apply if an objective reasonable officer would not have understood, by referencing clearly established law, that his conduct … , the ultimate burden is on the plaintiff to show that the defendant is not entitled to qualified immunity.”

Ibraham v. United States

123 F. Supp. 2d 408 · District Court, S.D. Ohio · Aug 21, 2000

When read in context, however, the term “taxpayer” as used in §§ 7432 and 7433 is clearly more restrictive. … To the contrary, Allied/Royal is the more “recent case law,” and it is binding on this court in the present case. * * * It is the established rule that waivers of sovereign immunity are construed narrowly and in favor of

Austin v. Ashcraft

District Court, S.D. Ohio · Sep 25, 2023

Yates also raises a qualified immunity defense. … Berry also raises a qualified immunity defense.

Cincinnati Riverfront Coliseum, Inc. v. City of Cincinnati

556 F. Supp. 664 · District Court, S.D. Ohio · Feb 8, 1983

. § 1 ; (2) whether defendants are immune from the antitrust laws under the “state action” exemption; and (3) whether the Reds are shielded by the “Noerr-Pennington ” doctrine. … Both sides have also sought summary judgment on the question of whether the “state action” exemption immunizes one or both defendants from liability.

Bates v. Hale

District Court, S.D. Ohio · Nov 7, 2023

(Doc. 38, PageID 415).20 “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 … Qualified immunity applies only to individual capacity claims.

Wilkins Ex Rel. United States v. Ohio

885 F. Supp. 1055 · District Court, S.D. Ohio · Jan 31, 1995

However, the court in Raytheon went on to hold that a government employee could not qualify as an original source. Raytheon, 913 F.2d at 20 . In United States ex rel. Williams v. … The court finds no provision under Ohio law which would indicate that Ohio has waived its immunity in actions under § 3730(h).

Valerio v. Dahlberg

716 F. Supp. 1031 · District Court, S.D. Ohio · Mar 31, 1989

While it is true, as Dahlberg contends, that public officials may be “shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Clearly, “the law does not regard the intent to inflict emotional distress as one which should be given much solicitude,” Hustler Magazine v.

Zuress v. City of Newark

District Court, S.D. Ohio · Sep 26, 2019

Qualified immunity protects government officials acting under the color of state law so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … violation of that constitutional right “clearly established” at the time of the incident.

Krzywkowski

District Court, S.D. Ohio · Jun 29, 2026

Further, Defendants are not entitled to qualified immunity on Plaintiff’s First Amendment retaliation claim. … “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

Watson v. U.S. Department of Housing & Urban Development

645 F. Supp. 345 · District Court, S.D. Ohio · Jun 23, 1986

They admittedly do not qualify for any of the specific categories of eligibility established by 42 U.S.C. § 1437a(b)(3) or 24 C.F.R. § 812.3 (b)(1). … Congress has clearly defined those singles that it wishes to assist through the section 8 program. 42 U.S.C. § 1437a(b)(3). In addition, it has granted HUD power to promulgate regulations qualifying additional singles.

Martinek v. United States

254 F. Supp. 2d 777 · District Court, S.D. Ohio · Jan 7, 2003

A suit against the United States may only proceed if the government has waived its sovereign immunity. … Although Plaintiffs assert that Ann Marie Martinek was merely an observer, the evidence clearly indicates that she participated in the bile drainage procedure.

Carey v. Fedex Ground Package System, Inc.

321 F. Supp. 2d 902 · District Court, S.D. Ohio · Jun 15, 2004

Race Discrimination— 42 U.S.C. § 1981 Defendant contends that Plaintiff cannot establish a prima facie case of race discrimination under the McDonnell Douglas framework both because he was not qualified for the position and … Plaintiff also argues, however, that even under the familiar McDonnell Douglas framework, he has established that he was qualified for the position and that his lack of a qualified driver is attributable to the discriminatory

Johnson v. Lawless

District Court, S.D. Ohio · Feb 15, 2023

Qualified Immunity Lawless contends that he is entitled to sovereign immunity as to the official capacity claims and qualified immunity as to the individual capacity claims … was clearly established when they acted.’”

Feaster v. Chambers-Smith

District Court, S.D. Ohio · Sep 7, 2023

Qualified immunity “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional … Thus, when a defendant raises qualified immunity, the plaintiff must show that (1) “a constitutional violation has occurred” and (2) “the violation involved a clearly established constitutional right of which a reasonable

Sturgill v. Muterspaw

District Court, S.D. Ohio · Aug 22, 2024

Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or … “To overcome a defendant's assertion of qualified immunity, a plaintiff must show both (1) that the defendant violated a constitutional right, and (2) that the right was clearly established at the time of the violation.

E.W. Scripps Co. & Subsidiaries v. United States

297 F. Supp. 2d 1018 · District Court, S.D. Ohio · Jun 16, 2003

This omission clearly evinces Scripps’s intent that the 1990 remittance, unlike the 1988 remittance, not be treated as a cash bond. … Under the doctrine of sovereign immunity, the United States " 'is immune from suit save as it consents to be sued ... and the terms of its consent to be sued in any court define that court's jurisdiction to entertain the