Case law

Dennis v. Ohio State Teachers Retirement Board

District Court, S.D. Ohio · Aug 17, 2021

The Magistrate Judge recommends dismissing all claims against the Individual Defendants based on qualified immunity. (Doc. 37 at 20–23). … “The caselaw analyzing Eleventh Amendment immunity has not treated the Ernst factors, or the considerations relevant to any one of them, as a checklist that must be satisfied to establish immunity.”

Gliatta v. Tectum, Inc.

211 F. Supp. 2d 992 · District Court, S.D. Ohio · Jul 8, 2002

Tectum was clearly aware of the complaint of sexual harassment made by the Plaintiff. … Furthermore, the court reasoned that, although the substantive provisions of Title VII clearly limit actionable discrimination to claims that are related to employment, the anti-retaliation provision “contains no such qualifiers

Bolls v. South-Western Thomson Learning

311 F. Supp. 2d 643 · District Court, S.D. Ohio · Nov 4, 2003

In the employee handbook, Defendant argues, the policy is stated clearly that positions will not necessarily be posted in the event of restructuring (Id.). … The Court finds that Defendant has established that its expert is qualified to opine on statistical comparisons of Plaintiff's salary and raises. Accordingly, the Court considers such relevant portion of Dr.

Edelstein v. Flottman

District Court, S.D. Ohio · Jan 31, 2024

Instead, Magistrate Judge Bowman found that the Court lacked subject matter jurisdiction over the underlying legal claims in the Complaint and that the well-established legal doctrines of abstention and judicial immunity … While Plaintiffs cite qualified immunity case law throughout their Objections, absolute judicial immunity and qualified immunity are distinct legal doctrines.2 And, as for absolute judicial immunity, there are only two

Monroe v. Novartis Pharmaceuticals Corp.

29 F. Supp. 3d 1115 · District Court, S.D. Ohio · Jul 10, 2014

Vogel is qualified. … The Sixth, Circuit, looking at Michigan law with a framework similar to Ohio, found that the difference between a common law claim of fraud on the FDA (as discussed in Buckman) and immunity under Michigan law unless fraud

McKinney v. Paddock

District Court, S.D. Ohio · Feb 1, 2024

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 person would have … entitled to qualified immunity.”

Jemo Associates, Inc. v. Greene Metropolitan Housing Authority

523 F. Supp. 186 · District Court, S.D. Ohio · Sep 14, 1981

(National Housing Act) and regulations promulgated thereunder, HUD established a program for local housing authorities to receive federal funds to develop low-rent public housing. … Neither the complaints nor memoranda of the plaintiffs clearly explain the federal statutes or regulations allegedly involved in this case.

Bradley

District Court, S.D. Ohio · Sep 10, 2026

qualified immunity analysis” if the immunities rest on the same questions of material fact. … In other words, “[t]he officers’ state- law statutory-immunity defense . . . ‘stands or falls with their federal qualified immunity defense.’” Wright v.

Dayton Newspapers, Inc. v. Department of the Air Force

107 F. Supp. 2d 912 · District Court, S.D. Ohio · Mar 26, 1999

In the present case, the Defendants insist that the entire Tort 2 and MQAS databases qualify as “medical quality assurance records,” because they are records that emanate from medical quality assurance program activities … (“[Section 1102] would not provide ‘transactional’ immunity for matters appearing in medical quality assurance records.

In Re R.N. Salem Corp.

29 B.R. 424 · District Court, S.D. Ohio · Apr 14, 1983

Salem Corp. answered, denying the petitioners were qualified to file the involuntary petition and denying that it was not generally paying its debts as they came due. … To establish that Salem Corp. was not paying its debts as they came due, Wayne-Dalton called an expert witness, Edward L.

Smallwood v. Highland County Sheriff

District Court, S.D. Ohio · Jun 11, 2024

This immunity extends to officials performing discretionary functions unless their actions violate a constitutional right that was clearly established at the time of their misconduct. Id. … Here, to the extent Adams and Alexander assert a qualified immunity claim, “[w]here ...

Doe v. Ohio State University

239 F. Supp. 3d 1048 · District Court, S.D. Ohio · Mar 10, 2017

Qualified and Eleventh Amendment Immunity for the Individual Defendants The individual Defendants also assert that they are entitled to qualified immunity on Plaintiffs claims against them in their individual capacities, … and to Eleventh Amendment immunity for claims against them in their official capacities.

Hensley v. West Chester Township

District Court, S.D. Ohio · Sep 30, 2022

As explained above, a plaintiff is “not required to anticipate a not-yet-raised affirmative defense of political subdivision immunity, much less plead facts to establish an exception to immunity, in order for her claims … Accordingly, the Court declines to decide the issue of qualified immunity at this stage of the litigation.

Shepherd v. Honda of America Mfg., Inc.

160 F. Supp. 2d 860 · District Court, S.D. Ohio · Jul 31, 2001

In order to prevail on a claim under the ADA, the Plaintiff must establish (1) that she is disabled, (2) that she is qualified to perform the essential functions of her job with or without reasonable accommodation, and (3 … The employee must establish that a reasonable accommodation is possible and that she is qualified for the position with such reasonable accommodation. Monette v. Electronic Data Sys.

Quinchett v. Massanari

185 F. Supp. 2d 845 · District Court, S.D. Ohio · Aug 20, 2001

The trust was established with proceeds received from a personal injury settlement. … Consequently, in order to qualify for Medicaid, the trust did not have to contain an express prohibition against revocation.

Anderson v. Celebrezze

499 F. Supp. 121 · District Court, S.D. Ohio · Jul 17, 1980

In so doing, the law clearly burdens these plaintiffs’ rights of expression and association secured by the First Amendment. … In the Court’s view, R.C. 3513.257 fails the test of precision which it so clearly is required to pass under the doctrine set forth above.

Crowder v. Yost

District Court, S.D. Ohio · Sep 13, 2021

Defendants Heck, Holdren, Dupree, Fisher, and Faulkner each assert that Plaintiff's claims are barred by absolute prosecutorial immunity, or, in the alternative, qualified immunity. … While Plaintiff responds to the arguments regarding qualified immunity, Plaintiff does not specifically respond to the claims regarding prosecutorial immunity, judicial immunity, and Eleventh Amendment immunity

Hawkins v. Ohio Bell Telephone Co.

93 F.R.D. 547 · District Court, S.D. Ohio · Feb 17, 1982

This is true, even though the clearly erroneous standard is deemed applicable. … These courts state that a discharged employee must establish that he was a member of a racial minority, was qualified for the job he was performing, was performing the job in a satisfactory manner, was discharged and that

Bates v. O'Connor

District Court, S.D. Ohio · Feb 13, 2024

 immunity, which 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 person would have known … “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.

Warner v. McLean Trucking Co.

574 F. Supp. 291 · District Court, S.D. Ohio · Aug 24, 1983

However, we conclude that this is clearly a case which is not wholly a dispute between a union and its members, but rather is a “complex problem concerning employer, union, and employee member.” … A validly appointed arbitrator is clothed with immunity analogous to judicial immunity against actions brought by either of the parties arising out of the performance of his duties. Id. (citations omitted).