Case law

CHKRS, LLC v. City of Dublin

District Court, S.D. Ohio · Aug 22, 2019

“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 of which a reasonable … “To determine whether an officer is entitled to qualified immunity,” courts “evaluate two independent prongs: whether the officer’s conduct violated a constitutional right, and whether that right was clearly established

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

Hood v. City of Columbus

District Court, S.D. Ohio · Jun 7, 2021

Defendants were not entitled to qualified immunity.1 On remand, the key question is whether Plaintiff’s state-law claims of assault, battery, and wrongful death also survive summary judgment. … established law, meaning that Defendants are not entitled to qualified immunity.

Hinkle v. Dunbar

District Court, S.D. Ohio · Feb 22, 2023

Absolute immunity has been extended to judges, and “[i]t is well established that judges enjoy judicial immunity from suits arising out of the performance of their judicial functions.” Brookings v. … Qualified immunity, however, applies in other circumstances. See Watkins v. Healey, 986 F.3d 648, 662 (6th Cir. 2021) (threatening witness during questioning); Wendrow v. Mich. Dep’t of Human Servs. 534 F.

Melhelm v. Meijer, Inc.

206 F.R.D. 609 · District Court, S.D. Ohio · Feb 26, 2002

Second, it held that the power of a judge clearly allows him or her to modify or even vacate a protective order, and that this power passes to the transferee court judge upon the case’s transfer. Id. … As the Sixth Circuit has held: The work-product rule is not a privilege but a qualified immunity protecting from discovery documents and tangible things prepared by a party or his representative in anticipation of litigation

Kuper v. Quantum Chemicals Corp.

852 F. Supp. 1389 · District Court, S.D. Ohio · May 24, 1994

ERISA explicitly recognizes that an “employee stock ownership plan ... is designed to invest primarily in qualifying employer securities.” 29 U.S.C. § 1107 (d)(6)(A). 2 Accordingly, “qualifying employer securities” have been … The definition of a “qualifying employer security” for ERISA purposes includes employer stock. 29 U.S.C. § 1107 (d)(5)(A).

Reynolds

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

“It is well-established that judges enjoy judicial immunity from suits arising out of the performance of their judicial functions.” Brookings v. Clunk, 389 F.3d 614, 617 (6th Cir. 2004). … Accordingly, Plaintiff has failed to establish equitable tolling in this case.

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.”

Lambright v. Kidney Services of Ohio

998 F. Supp. 2d 676 · District Court, S.D. Ohio · Feb 21, 2014

In a failure to hire case, a plaintiff establishes a prima facie case of race discrimination by showing that: “(1) he is a member of a protected class; (2) he applied and was qualified for the position at issue; (3) he was … To accomplish this, the defendant “must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiffs rejection.” Burdine, 450 U.S. at 255 , 101 S.Ct. 1089 .

In Re Telectronics Pacing Systems, Inc.

137 F. Supp. 2d 985 · District Court, S.D. Ohio · Mar 8, 2001

Five Categories of Qualified Settlement Class Members was established for the purposes of the Patient Benefit Fund with each member scheduled to receive different compensation as a subgroup. … Clearly, this is a benefit to the public interest. Moreover, the public interest is served by the resolution of this matter.

Epling v. State of Ohio

District Court, S.D. Ohio · Sep 23, 2024

The State of Ohio, however, is immune from a suit seeking damages on the basis of sovereign immunity. Palomino v. Cuyahoga Cnty., Ohio, No. 1:21-CV-2139, 2023 WL 5968008, at *2 (N.D. … Ohio June 19, 2020) (“It is well-settled that the United States is immune from suit except where such immunity has been waived by statute.”).

Gallant v. Erdos

District Court, S.D. Ohio · Oct 18, 2021

immunity. … That latter qualifier is important, though.

Great Northern Insurance v. BMW of North America LLC

84 F. Supp. 3d 630 · District Court, S.D. Ohio · Feb 4, 2015

Clarke’s Qualifications Initially, a witness must establish his or her expertise by reference to “knowledge, skill, experience, training, or education” in order to qualify as an expert under Rule 702. … In light of these, standards for establishing a design defect claim, Defendants contend that Clarke’s education and experience do not qualify him to engage in a critical analysis of the risks and benefits associat *638 ed

Huber v. Nolan

District Court, S.D. Ohio · Sep 16, 2019

Accordingly, and after a review of the Magistrate Judge’s Order and Plaintiff’s objections, the Court finds no portion to be “clearly erroneous or contrary to law.” FED. R. CIV. … Immunity to the Defendants (Doc. 20) are DENIED.

Riley v. Commissioner

566 F. Supp. 21 · District Court, S.D. Ohio · Feb 7, 1983

Plaintiff’s action is barred by the doctrine of sovereign immunity. 3. The .complaint fails to state a claim upon-which relief can be granted. … Only if it is then apparent that, under the most liberal view of the law and the facts, the United States cannot establish its claim, may the suit for an injunction be maintained.

Hinkle v. Mingo

District Court, S.D. Ohio · Feb 22, 2023

Absolute immunity has been extended to judges, and “[i]t is well established that judges enjoy judicial immunity from suits arising out of the performance of their judicial functions.” Brookings v. … Qualified immunity, however, applies in other circumstances. See Watkins v. Healey, 986 F.3d 648, 662 (6th Cir. 2021) (threatening witness during questioning); Wendrow v. Mich. Dep’t of Human Servs. 534 F.

Hils v. Davis

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

Because the Court does not reach the issue of qualified immunity, Plaintiffs’ Motion for Leave is DENIED as MOOT. I. … immunity.

Portsmouth Ambulance, Inc. v. United States

943 F. Supp. 2d 806 · District Court, S.D. Ohio · May 6, 2013

“[S]ection 7433’s limited waiver of sovereign immunity must be read narrowly.” Allied/Royal Parking L.P. v. … United States, 318 F.3d 631, 637 (5th Cir.2003) (“It is well-established that, if a waiver of sovereign immunity contains a limitations period, a plaintiffs failure to file his action within that period deprives the court

Ridenour v. Collins

692 F. Supp. 2d 827 · District Court, S.D. Ohio · Feb 10, 2010

Ridenour in support of his argument is that the defendants’ answer asserts a defense of qualified immunity “[t]o the extent Plaintiff intends to seek any monetary damages.” Mr. … Such a change would spawn further litigation involving questions such as the appropriate measure of damages and whether the defendants would be entitled to qualified immunity.

Marais v. Chase Home Finance, LLC

24 F. Supp. 3d 712 · District Court, S.D. Ohio · Jun 4, 2014

The Circuit, in ruling for Marais, .would riot likely have suggested consideration of this argument if it thought our prior precedent clearly settled the issue against Marais. … Interest and Unapplied Sums The finding above, that Marais can establish damages for QWR expenses, al *729 ready defeats Chase’s motion for summary judgment.