Case law

Pirozak v. Knight

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

The Supreme Court’s decisions have recognized immunity defenses of two kinds—absolute immunity and qualified immunity. /d. at 807. Absolute immunity applies to prosecutors being sued for § 1983 claims. Jmbler v. … In contrast, functions which are “investigative” or “administrative” are protected only by qualified immunity. Red Zone 12, LLC, 758 F. App’x at 513; Van de Kamp v.

Jabbar v. United States Postal Service

District Court, S.D. Ohio · Mar 10, 2021

. § 201, the USPS is ‘an independent establishment of the executive branch of the Government of the United States[,]’ [and] [a]s such, ‘enjoys federal sovereign immunity absent a waiver.’” … While the Federal Tort Claims Act (“FTCA”) permits waiver of this immunity to tort claims arising out of USPS activities, “it also qualifies 13 categories of claims for which the United States may never be sued.” Id.

Moore v. Reynolds Metals Co. Retirement Program for Salaried Employees

563 F. Supp. 1372 · District Court, S.D. Ohio · Jun 12, 1983

The stipulation of facts filed by the parties (doc. 16) establishes the following. Plaintiff June Moore is the widow of Donald C. … This is clearly one of those cases in which a particular employee falls between the cracks.

Thrope v. State of Ohio

173 F.R.D. 483 · District Court, S.D. Ohio · May 20, 1997

Here, the common issue requirement is easily established. … Moreover, judicial economy is clearly advanced by the consolidation in one forum of 300,000 individual suits. Accordingly, we find that the requirements of Rule 23(b)(3) have been met. C.

Doe v. Board of Education of Columbus City Schools

District Court, S.D. Ohio · Mar 20, 2025

Coughenour was a Columbus City Schools instructional aide, which qualifies as a “teacher.” … To establish “deliberate indifference,” a plaintiff must prove that the response (or lack of a response) to the teacher-student abuse is “clearly unreasonable in light of known circumstances.”

Wood v. Eubanks

District Court, S.D. Ohio · Feb 11, 2020

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 … There is a two-part test to determine whether qualified immunity applies: “first, we determine whether a clearly established constitutional or statutory right has been violated; and second, we ascertain, pursuant to

Jones

District Court, S.D. Ohio · Nov 26, 2025

She currently serves on the board of the City of Cincinnati Primary Care Board (PCB), which administers the City’s federally qualified health centers. … Herzig enjoys qualified immunity from plaintiff’s § 1983 claim and statutory immunity from her state law tort claims. Defendants argue that Ohio Rev. Code § 4112 limits liability to employers, and Dr.

Dudenhoeffer v. Fifth Third Bancorp

757 F. Supp. 2d 753 · District Court, S.D. Ohio · Nov 24, 2010

An ESOP is “a stock bonus plan which is qualified, or a stock bonus plan and money purchase plan both of which *757 are qualified, under section 401 of Title 26, and which is designed to invest primarily in qualifying employer … As indicated, in order to qualify as an ESOP, the plan must “invest primarily in qualifying employer securities” and meet such other requirements as are prescribed by 26 U.S.C. § 401 . See, supra.

Williams v. AMF, INC.

512 F. Supp. 1048 · District Court, S.D. Ohio · Apr 23, 1981

established in the employer-union labor agreement. … If so, state which ones are qualified.”

Ames v. State of Ohio Department of Youth Services

District Court, S.D. Ohio · Mar 29, 2022

The Court must construe “all well-pleaded material allegations of the pleadings of the opposing party . . . as true, and the motion may be granted only if the moving party is nevertheless clearly entitled to judgment.” … Absent an explicit waiver of that immunity—and the Sixth Circuit held in McCormick v.

Morgan v. Schweiker

558 F. Supp. 331 · District Court, S.D. Ohio · Jan 18, 1983

In order to qualify for support, however, a child must have been dependent on the wage earner at the time of his death. 42 U.S.C. *333 § 402(d)(1)(C). … The Court concluded that such a result was clearly not warranted, given the purposes of the insurance provisions of the SSA. Id. at 660 .

Evans v. Jay Instrument and Specialty Co.

889 F. Supp. 302 · District Court, S.D. Ohio · Apr 26, 1995

Nonetheless, Evans has failed to establish that she met the legitimate business expectations of her employer to be qualified for the position at issue. (Doc. Nos. 20 and 23). … This evidence clearly establishes legitimate and non-discriminatory grounds for Evans’ termination. iv.)

Fulson v. City of Columbus

801 F. Supp. 1 · District Court, S.D. Ohio · Aug 26, 1992

The facts alleged in plaintiff’s complaint do not establish the existence of these policies. … It has not been demonstrated that the officers would be entitled to qualified immunity on this claim.

Calvert v. City of Steubenville

District Court, S.D. Ohio · Feb 21, 2020

Defendants have moved for summary judgment on all these claims and have raised the defense of qualified immunity. … In § 1983 cases, “qualified immunity prevents government officials from being held liable if (1) the officers did not violate any constitutional guarantees or (2) the guarantee, even if violated, was not ‘clearly established

Rumpke Waste, Inc. v. Henderson

591 F. Supp. 521 · District Court, S.D. Ohio · Jul 30, 1984

His testimony clearly establishes his own understanding that zoning is permissible only if it is for the purpose of promoting public, health, morals, or safety. It is true that Mr. … Wharton qualified as an expert on comprehensive zoning plans.

Chesapeake & O. Ry. Co. v. Vigor

17 F. Supp. 602 · District Court, S.D. Ohio · Dec 29, 1936

Thus it becomes clearly apparent that the defendant herein is attempting to exercise a legal right expressly conferred upon her by federal statute. … After all, the courts of this district are qualified only by the fact that the plaintiff corporation does business here.

First Bank of Marietta v. HARTFORD UNDERWRITERS MUTUAL INS. CO.

997 F. Supp. 934 · District Court, S.D. Ohio · Mar 6, 1998

Such a result, however, was clearly not the intent of the provision. … Mascrete was not qualified for the loan, Plaintiffs evidence is insufficient.

Seymour v. Miller

District Court, S.D. Ohio · Jan 10, 2022

Here, this presumptive immunity clearly applies to Defendant Miller. … These allegations both (a) establish Defendant Miller as an employee under the PSTLA, and (b) qualify Defendant Miller’s conduct as a “governmental function”10 under the PSTLA.

Jabbar v. Graham

District Court, S.D. Ohio · Oct 12, 2021

As plaintiff has been clearly apprised in the earlier cases she has filed, “[i]t is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial … Forrest despite being clearly apprised that such actions are barred by judicial immunity.

Roshon v. Eagle Research Grp., Inc.

314 F. Supp. 3d 852 · District Court, S.D. Ohio · May 29, 2018

In a dispute over whether an employee is exempt from the FLSA's overtime requirement, the employer bears the burden of establishing that the employee qualifies for the exemption. Martin v. Ind. Mich. … The Sixth Circuit then examined the text of 29 C.F.R. § 541.602 (a), and explained that the text "does not tell us what to do when an employee's salary is not clearly calculated 'on a weekly, or less frequent basis.' " Id