Case law

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  • Atkinson v. City of Dayton

    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 timesPublished
  • Jamison v. Knight

    District 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 timesUnknown
  • Huber v. Leis

    704 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 timesPublished
  • United 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 timesPublished
  • Tucker v. Nelson

    390 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 timesPublished
  • Taylor 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 timesPublished
  • Wood v. Reynolds

    District 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 timesUnknown
  • Hartman v. Acton

    District 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 timesUnknown
  • Wells 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 timesPublished
  • Brinkman v. Gilligan

    610 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 timesPublished
  • Johnston 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 timesUnknown
  • Crochran 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 timesPublished
  • Williams 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 timesUnknown
  • Dadone 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 timesUnknown
  • Bowling v. Pfizer

    144 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 timesPublished
  • Bethel v. Warden

    District 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 timesUnknown
  • Brown v. Mahlman

    District 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 timesUnknown
  • Perry 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 timesUnknown
  • Quick v. Hall

    District 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 timesUnknown
  • Druhot v. Smith

    District 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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