Case law
Opinions from 1658 to today.
2,956 results
1.08s
99 F. Supp. 2d 846 · District Court, S.D. Ohio · Nov 10, 1998
Under the terms of the 1995 negotiated agreement, the Plaintiffs did not qualify for academy positions, whereas under the more lenient Civil Service Board policy, they did qualify. … Qualified Immunity Defendant Ronald Lowe, the City’s Chief of Police, contends that the doctrine of qualified immunity shields him from liability on the Plaintiffs’ § 1983 claims.
Cited 2 timesPublishedDistrict Court, S.D. Ohio · Sep 28, 2020
The “clearly erroneous” standard applies to the magistrate judge's factual findings and the “contrary to law” standard applies to the legal conclusions. Sheppard v. … Attorney Jessica Knight is not entitled to prosecutorial immunity; and none of the Defendants are entitled to qualified immunity because they knew their acts were unconstitutional.
Cited 0 timesUnknown704 F. Supp. 131 · District Court, S.D. Ohio · Jan 4, 1989
Leis, Jr.) is and has been the duly appointed, qualified and acting Sheriff of Hamilton County, Ohio, since June 1, 1987. 1 6. … Although this case turned on the doctrine of qualified immunity, the United States Court of Appeals for the Sixth Circuit found that a department head’s criticism of his superi- or’s actions regarding the allocation of funds
Cited 1 timesPublishedUnited States v. 2916 Forest Glen Court, Beaver-Creek, Ohio
162 F. Supp. 2d 909 · District Court, S.D. Ohio · Aug 9, 2001
Each of the wholesalers possessed a valid certificate of registration and was lawfully qualified to purchase and sell the pharmaceuticals. … In any event, the party seeking a preliminary injunction bears the burden of establishing a likelihood of success on the merits, Musto v.
Cited 1 timesPublished390 F. Supp. 3d 858 · District Court, S.D. Ohio · Jun 3, 2019
Tucker," the statement and records cannot qualify as 803(6) records. (ECF No. 36 at 1). Further, Dr. … Nelson's testimony will help establish the standard of care and that "she treated Mrs. Tucker in the best and safest way possible." (ECF No. 53 at 2).
Cited 6 timesPublishedTaylor v. Battelle Columbus Laboratories
680 F. Supp. 1165 · District Court, S.D. Ohio · Mar 4, 1988
The parties clearly dispute whether plaintiff had the burden of submitting an application for job openings during her notice time. … Plaintiff has failed to establish that she was even equally qualified, let alone better qualified, for these positions. In light of this, the Court believes that plaintiff has again failed to establish pretext.
Cited 3 timesPublishedDistrict Court, S.D. Ohio · Sep 3, 2025
Qualified immunity protects government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The Sixth Circuit uses a three-part test to determine whether qualified immunity applies in a given case: (1) did a constitutional violation occur; (2) was the right that was violated a clearly established
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Nov 3, 2020
Qualified Immunity Lastly, Defendant argues she is entitled to qualified immunity because it is not clearly established that the statute she relied on as the authority for her Stay at Home Order … Accordingly, this Court need not determine whether the alleged right was clearly established, and Defendant is entitled to qualified immunity. IV.
Cited 0 timesUnknownWells v. Cincinnati Children's Hospital Medical Center
860 F. Supp. 2d 469 · District Court, S.D. Ohio · Feb 15, 2012
In order to establish a claim for disability discrimination, the plaintiff must first establish that she is “disabled” within the meaning of the Act. McKay v. … The gastrointestinal problems which caused Plaintiff nausea, vomiting, and diarrhea clearly qualify as a physiological disorder.
Cited 10 timesPublished610 F. Supp. 1288 · District Court, S.D. Ohio · May 24, 1985
, or whether it can be characterized as a municipal corporation or other political subdivision, which does not partake of the state’s immunity. … Ex parte Young and its progeny “clearly permit injunctive relief to compel state officials to comply with federal law, even if the cost of that future compliance requires the expenditure of money by the state.”
Cited 5 timesPublishedJohnston v. Hamilton County Justice Center
District Court, S.D. Ohio · Apr 5, 2021
In the absence of any clearly established constitutional violation, Defendant is entitled to qualified immunity. IV. … Considering all additional evidence, Defendant’s motion for summary judgment still should be granted on qualified immunity grounds because the use of force was not objectively unreasonable under clearly established
Cited 0 timesUnknownCrochran ex rel. Shields v. Columbus City Schools
278 F. Supp. 3d 1013 · District Court, S.D. Ohio · Oct 4, 2017
To establish a claim for discrimination under § 504 or the ADA, a plaintiff must prove “that he or she is (1) disabled under the statute, (2) ‘otherwise qualified’ for participation in the program, and (3) being excluded … Plaintiffs point to no evidence establishing that use of the body sox was done in bad faith or based on gross misjudgment.
Cited 2 timesPublishedWilliams v. Ohio Department of Rehabilitation & Corrections
District Court, S.D. Ohio · May 12, 2023
Qualified Immunity Beyond challenging the merits of Plaintiff’s constitutional claims, Defendants have asserted qualified immunity as a defense. … 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.
Cited 0 timesUnknownDadone v. Saul, Commissioner of Social Security
District Court, S.D. Ohio · Jun 17, 2021
To establish a procedural due process claim under 42 U.S.C. … However, Plaintiff clearly alleges that Hamilton County JFS provided her with a notice concerning the cut-off of her state Medicaid benefits.
Cited 0 timesUnknown144 F. Supp. 3d 945 · District Court, S.D. Ohio · Nov 16, 2015
under the guidelines established by the Supervisory Panel.... ” • “Even if the $75 million is exhausted, Pfizer will remain obligated to continue to pay benefits for qualifying valve replacement surgery....” *949 Id. at … The very people for whom the settlement was established.
Cited 5 timesPublishedDistrict Court, S.D. Ohio · Feb 27, 2023
The Magistrate Judge screened Bethel’s motion and recommended that the Court deny Bethel’s motion and grant Defendant Smith qualified immunity. (ECF No. 43.) … The Court noted further that, because Bethel does not have a First Amendment right to the non-interference of his email communications, Defendant Smith is entitled to qualified immunity. (Id. at 9.)
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Jan 23, 2024
Qualified Immunity Deemer and Jewell contend that they are entitled to sovereign immunity as to the official capacity claims and qualified immunity as to the individual … was clearly established when they acted.’”
Cited 0 timesUnknownPerry v. Warden Warren Correctional Institution
District Court, S.D. Ohio · Aug 16, 2022
In so doing, “qualified immunity balances two important interests—the need to hold 10 Defendants also assert that “none of the Defendants would believe that their actions violated a clearly established right ….” … qualified immunity.”
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 11, 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. … Even assuming that there existed a due process right in this context, it is apparent that such a right is not clearly established and the Officers would be entitled to qualified immunity.
Cited 0 timesUnknownDistrict Court, S.D. Ohio · Mar 11, 2024
qualified immunity. … Qualified immunity shields 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 would have
Cited 0 timesUnknown
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