Case law

H.M. ex rel. M.M. v. Board of Education

117 F. Supp. 3d 992 · District Court, S.D. Ohio · Aug 3, 2015

Qualified immunity of Defendants Gasper and Bogaert Qualified immunity shields “government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly … That right is clearly established in the Sixth Circuit. S.S. v. E. Ky. Univ., 532 F.3d 445, 457 (6th Cir.2008). .Accordingly, the grant of qualified immunity is not appropriate at this early stage. B.

Ridgeway v. Union County Commissioners

775 F. Supp. 1105 · District Court, S.D. Ohio · Jun 7, 1991

Objective reasonableness is to be measured by reference to clearly established law. Id. … Payton clearly establishes that warrantless home searches absent “exigent” circumstances, are unconstitutional.

Guglielmo v. Montgomery Cnty.

387 F. Supp. 3d 798 · District Court, S.D. Ohio · May 28, 2019

Qualified immunity shields public officials from civil liability under 42 U.S.C. § 1983 unless their actions violate clearly established rights "of which a reasonable person would have known." Harlow v. … The second inquiry in the qualified immunity analysis is whether the constitutional right was clearly established. Viewing the evidence in the light most favorable to Guglielmo, it was. If the jury determines Sgt.

Snyder v. United States

990 F. Supp. 2d 818 · District Court, S.D. Ohio · Jan 7, 2014

as the conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). … The doctrine of qualified immunity thus would protect Defendant Giordano “ ‘from liability for civil damages insofar as [his] conduct d[id] not violate clearly established statutory or constitutional rights of which a reasonable

Shelton v. Wallace

886 F. Supp. 1365 · District Court, S.D. Ohio · Apr 19, 1995

Qualified and Absolute Immunity The Supreme Court has recognized the doctrines of qualified and absolute immunity as defenses to 42 U.S.C. § 1983 liability. Buckley v. … Under the doctrine of qualified immunity, a government official is not subject to liability for the performance of his discretionary functions when his “conduct does not violate clearly established statutory or constitutional

Range v. Douglas

878 F. Supp. 2d 869 · District Court, S.D. Ohio · Jul 13, 2012

In finding that the individual defendants were -not entitled to qualified immunity, *880 the Chesher court found that it was clearly-established that a substantive due process violation occurs where “authorities permití] … Because Plaintiffs have failed to establish a constitutional violation, this Court does not need to consider whether Plaintiffs’ constitutional right was clearly established for purposes of qualified immunity.

Barrett v. Wallace

107 F. Supp. 2d 949 · District Court, S.D. Ohio · Jul 5, 2000

Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985) (“Unless a plaintiffs allegations state a claim of violation of ‘clearly established’ law, a defendant pleading qualified immunity is entitled to dismissal … The rationale for the “qualified immunity” doctrine as stated in Harlow v.

Mallory v. City of Riverside

35 F. Supp. 3d 910 · District Court, S.D. Ohio · Aug 4, 2014

To overcome a defendant’s motion for summary judgment based on qualified immunity, the plaintiff: (1) identify a clearly established right alleged to have been violated; and (2) establish that a reasonable officer in the … Mallory’s home, qualified immunity applies. Further, as a conspiracy cannot be established, nor did Ms.

Great Elk Dancer for his Elk Nation v. City of Logan

129 F. Supp. 3d 546 · District Court, S.D. Ohio · Sep 9, 2015

A government official performing' a discretionary function is entitled to qualified immunity from a suit for civil damages unless his actions have violated a clearly established statutory or constitutional right. … such violated right was clearly established.

OFFINEER v. Kelly

748 F. Supp. 2d 760 · District Court, S.D. Ohio · Sep 24, 2010

clearly established since 2005. … Because the right was clearly established as early as 1990, it was clearly established at the time of Detective Kelly’s actions in this case, and he is therefore not entitled to qualified immunity.

Jackson v. City of Columbus

67 F. Supp. 2d 839 · District Court, S.D. Ohio · Jul 28, 1998

The focus of the qualified immunity analysis is on the objective reasonableness of the official’s conduct as measured by reference to clearly established law and the information which the official possessed. … In addition, since plaintiff has failed to make out a violation of a clearly established constitutional right, the individual defendants are entitled to qualified immunity on plaintiffs claims under §§ 1981, 1983 and 1985

Ohio v. United States

154 F. Supp. 3d 621 · District Court, S.D. Ohio · Jan 5, 2016

Teachers Ins. & Annuity Ass’n, 230 F.3d 1358 , 2000 WL 1290357 , at *2 (6th Cir.2000) (unpublished table decision) (holding that disability plan established by state university for benefit of employees qualified for governmental … Merit Behavioral Care Corp., 70 F.Supp.2d 443, 445-47 (D.Vt.1999) (holding that healthcare plan established by the State of Vermont for eligible employees qualified for governmental plan exclusion); Garvey v.

Stager v. Hanshaw

District Court, S.D. Ohio · Aug 4, 2025

complaint” is often necessary to fully and properly address a claim of qualified immunity. … Therefore, Stager’s allegations plausibly describe a violation of a clearly-established constitutional right, meaning that the Court cannot apply qualified immunity at this stage.

Culberson v. Doan

125 F. Supp. 2d 252 · District Court, S.D. Ohio · Jan 1, 2001

“The key inquiry in analyzing a claim of qualified immunity is whether the defendant’s alleged conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established right.

Stillwagon v. City of Delaware

274 F. Supp. 3d 714 · District Court, S.D. Ohio · Aug 15, 2017

Clearly Established Right Ailes is entitled to qualified immunity if his actions did not violate a clearly established right of which a reasonable official would have known. See Bell, 308 F.3d at 601 . … Clearly Established Right If Flynn’s actions did not violate a clearly established right of which a reasonable official would have known, Flynn is entitled to qualified immunity. See Bell, 308 *771 F.3d at 601 .

Kinzer v. Schuckmann

850 F. Supp. 2d 785 · District Court, S.D. Ohio · Feb 7, 2012

And even if such a violation could be established, he continues that the right was not “clearly established ... in light of the specific context of the case” (id. at 10). … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Allen v. Ohio Department of Rehabilitation & Correction

128 F. Supp. 2d 483 · District Court, S.D. Ohio · Jan 19, 2001

Qualified Immunity Defendants next argue that Ms. Akram, in her individual capacity, is entitled to qualified immunity. Government officials sued in their individual capacities are entitled to seek qualified immunity. … Qualified immunity extends to individuals performing discretionary functions unless their actions violate “clearly established statutory or constitutional rights of which a reasonable person would have known.” Id.

Hopper v. Montgomery Cnty. Sheriff

310 F. Supp. 3d 911 · District Court, S.D. Ohio · Feb 6, 2017

The County Defendants argue that they are entitled to qualified immunity on this claim. Doc. 114 at PageID 3437-43. … Clearly Established Right The next step in the qualified immunity analysis concerns whether the right allegedly violated by the individual County Defendants was "clearly established" at the time of Richardson's death.

Day v. Delong

358 F. Supp. 3d 687 · District Court, S.D. Ohio · Jan 9, 2019

Qualified Immunity Qualified immunity attaches when an official's conduct " 'does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " White v. … Here, even if Plaintiff had sufficiently pled a federal constitutional violation, Defendants DeLong and Wagner are entitled to qualified immunity because they are not alleged to have violated clearly established constitutional

Eisnnicher v. Bob Evans Farms Restaurants

310 F. Supp. 2d 936 · District Court, S.D. Ohio · Mar 31, 2004

Qualified Immunity According to the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate … “Thus, when a defendant moves for summary judgment based on qualified immunity, the plaintiff must: 1) identify a clearly established right alleged to have been violated; and 2) establish that a reasonable officer in the