Case law

Doe v. Finneytown Local School District

District Court, S.D. Ohio · Oct 7, 2019

Supp. 3d at 812 (dismissing IIED claim under R.C. § 2744.02).6 Here, there is no question that Defendant qualifies for R.C. § 2744.02(A) immunity. … establish nonliability: [

Nyamusevya v. Chief Bankruptcy Judge John E. Hoffman

District Court, S.D. Ohio · Mar 21, 2023

They stated, as follows: “It is well-established that judges ‘enjoy judicial immunity from suits arising out of the performance of their judicial functions.’ Leech v. … He succinctly wrote: “In the present case, Judge Ruehlman's actions qualify him for judicial immunity.

NG through guardian VG v. Ohio Department of Developmental Disabilities

District Court, S.D. Ohio · Oct 9, 2025

. §§ 121.02(L), 5123.03(A)(1), are arms of the state which are entitled to sovereign immunity. The Court agrees, and plaintiff does not dispute this well-established proposition. … “[T]he Eleventh Amendment provides immunity to a state and its agencies from suit in federal court unless the state expressly waives immunity or Congress clearly abrogates the Eleventh Amendment in legislation designed

Gudes v. Wilson Health

District Court, S.D. Ohio · Aug 4, 2023

Reading this information in the First NPDB Report allegedly led the Florida hospital to deny “credentialing” him (i.e., judging him qualified for the position), and Dr. … Health Care Quality Improvement Act of 1986 (“HCQIA”) Immunity Defendants first claim immunity under the HCQIA. Doc. No. 6-1 at PageID 23.

Alford v. Mohr

District Court, S.D. Ohio · Mar 12, 2020

immunity. … Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Parents League for Effective Autism Services v. Jones-Kelley

565 F. Supp. 2d 895 · District Court, S.D. Ohio · Jun 30, 2008

Plaintiffs assert that the Defendants have subjected them to a deprivation of rights, privileges or immunities granted them by federal law. … These provisions clearly benefit the Plaintiffs, who are such eligible children. Clark v.

Allen v. Deerfield Manufacturing Inc.

424 F. Supp. 2d 987 · District Court, S.D. Ohio · Mar 29, 2006

This, avers Plaintiff, clearly establishes that he suffered from physical impairments that prevented him from per *1001 forming a major life activity — that being, work (Id.). … Plaintiff contends that the evidence indicates that Deerfield II clearly considered him disabled.

State Farm Bank, F.S.B. v. Reardon

512 F. Supp. 2d 1107 · District Court, S.D. Ohio · Sep 28, 2007

Qualify for and maintain a mortgage broker license; or 4. Qualify for and maintain a loan officers’ license and work as an employee of a licensed mortgage broker. Ohio Revised Code §§ 1322.01(E), (G); 1322.02. … Moreover, OTS has clearly declared that it fully occupies the field as it relates to federal savings associations.

Allen v. Ethicon, Inc.

919 F. Supp. 1093 · District Court, S.D. Ohio · Jan 30, 1996

Standing alone, her allegations that these men were not as qualified as her are insufficient to create a genuine issue of material fact and avoid summary judgment. … Clearly, the Credo does not constitute a contract to guarantee a profit to defendants’ shareholders, suppliers, or distributors. Nor does the Credo create an employment agreement between defendants and their employees.

Kolle v. Kyle

District Court, S.D. Ohio · Aug 9, 2021

Well-established Supreme Court precedent “acknowledges that, generally, a judge is immune from a suit for money damages.” Mireles v. Waco, 502 U.S. 9, 9 (1991) (collecting cases). … Whereas “investigative” or “administrative” functions are further removed from the judicial process and do not afford a prosecutor the protection of qualified immunity. Burns v. Reed, 500 U.S. 478, 486 (1991).

England v. City of Columbus

District Court, S.D. Ohio · Dec 20, 2021

England’s constitutional rights) and that he is entitled to qualified immunity. … 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.

Kinkus v. Village of Yorkville

453 F. Supp. 2d 1009 · District Court, S.D. Ohio · Sep 28, 2006

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Defendant Popp has filed his own Motion for Summary Judgment, arguing qualified immunity. Also, Plaintiff has filed two subsequent motions for partial summary judgment on his remaining claims.

Sams v. Franklin County, Ohio

District Court, S.D. Ohio · Mar 14, 2022

Qualified Immunity Officer Defendants argue that Plaintiff’s claims should be dismissed based on the affirmative defense of qualified immunity. (ECF No. 68 at 6). … preference not to grant qualified immunity based only on the pleadings.”

Shelly & Sands, Inc. v. Dement

District Court, S.D. Ohio · Oct 6, 2023

Plaintiffs’ claims include private nuisance, public nuisance, interference with access and riparian rights, tortious interference with established and prospective contract and business relationships, breach of contract, … A discovery stay may serve the interests of judicial economy, for example, where “the defendant has raised a defense, such as absolute or qualified immunity, which must, as a matter of law, be addressed before discovery

Cockroft v. Starkey

District Court, S.D. Ohio · Aug 8, 2023

Harlan also argues that he is entitled to qualified immunity. (Doc. 30 at PAGEID 171-73). … Qualified immunity protects government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

Romero v. City of Middletown

District Court, S.D. Ohio · Aug 18, 2020

, the Court declines to grant the individual defendants qualified immunity at this time. 1. … Under the doctrine of qualified immunity, “government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Powers v. Eddy

District Court, S.D. Ohio · Mar 27, 2023

Qualified Immunity The Court must also address the issue of qualified immunity, which “shields officials from civil liability if their conduct ‘does not violate clearly established statutory … Thus, as this case presents allegations that Powers’ serious medical needs were neglected—i.e., a clearly established violation of his Eighth Amendment rights— qualified immunity is not appropriate.

McDougald v. Eaches

District Court, S.D. Ohio · Oct 15, 2019

still be entitled to qualified immunity because there is no clearly established law that prohibits correctional officers from using OC spray in a reactive fashion as occurred in this case, following an inmate’s commission … Dillow, Case No. 1:16-cv-1099, Doc. 55 at 16 (R&R recommending that Defendants be granted qualified immunity in light of Plaintiff’s failure of to show violation of any clearly established constitutional right). D.

Associated General Contractors of Ohio, Inc. v. Drabik

50 F. Supp. 2d 741 · District Court, S.D. Ohio · May 20, 1999

The state court applied a clearly incorrect rule of law when it announced that Ohio’s program of race-based preferences in state contracting must be upheld unless it is clearly unconstitutional beyond a reasonable doubt. … firms which are qualified to perform subcontract work on state construction projects.

Sherfel v. Gassman

899 F. Supp. 2d 676 · District Court, S.D. Ohio · Sep 28, 2012

Eleventh Amendment Defense Defendants argue that the instant action must be dismissed on the ground of Eleventh Amendment immunity. … The ERISA express pre-emption provision is “clearly expansive.” California Div. of Labor Standards Enforcement v.