Case law

Jabbar v. United States Postal Service

District Court, S.D. Ohio · Sep 6, 2019

As such, the USPS “enjoys federal sovereign immunity absent a waiver.” Dolan v. USPS, 546 U.S. 481, 484 (2006). “Sovereign immunity is jurisdictional in nature . . . … Although the Federal Tort Claims Act (“FTCA”)—which applies to tort claims arising out of activities of the USPS—provides a waiver of sovereign immunity as to the USPS in some cases, it also qualifies 13 categories of claims

Hudson v. Teamsters Local Union No. 957

536 F. Supp. 1138 · District Court, S.D. Ohio · Mar 23, 1982

First, the decision must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed … The count clearly states that the Defendants allegedly discriminated against Plaintiff “on account of his race.”

McNeil v. United States

392 F. Supp. 713 · District Court, S.D. Ohio · Feb 21, 1975

It was not clearly established why Dr. Norris ceased practice, but ill health seems to have played a,part in that decision. Beginning in 1966 Dr. Norris became a recluse and would often fail to answer his door. … The evidence clearly indicates that Dr. Norris was not totally disabled. *716 Discussion The last premium was paid on this policy on December 6, 1966.

Hill v. Chamber-Smith

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

The Court does not decide, at this juncture, whether Director Chambers-Smith is entitled to qualified immunity from monetary damages for the access-to-courts claim(s) asserted against her in her individual capacity. … The Court does not decide, at this juncture, whether Director Chambers-Smith is entitled to qualified immunity for monetary damages sought from her in in her individual capacity.

Miami University Wrestling Club v. Miami University

195 F. Supp. 2d 1010 · District Court, S.D. Ohio · Jan 24, 2001

The Court also dismissed Plaintiffs’ equal protection claim against the University on the basis of the immunity afforded to the State of Ohio by the Eleventh Amendment to the United States Constitution. … Accordingly, summary judgment is clearly proper “against a party who fails to make a showing sufficient to establish the existence of an element essential to the party’s case and on which that party will bear the burden of

Baker v. Cincinnati Metropolitan Housing Authority

490 F. Supp. 520 · District Court, S.D. Ohio · May 6, 1980

No written procedural standards for the hearing have been established and a record of the proceeding is not kept. 1. … Kelley, 397 U.S. 254 , 90 S.Ct. 1011 , 25 L.Ed.2d 287 (1970) (statutory entitlement to welfare benefits for qualified persons); Bell v.

Air-Way Electric Appliance Corp. v. Archer

279 F. 878 · District Court, S.D. Ohio · Feb 11, 1922

The distinction between cases of the character of this and the last three named is clearly drawn in Baltic Min. Co. v. Massachusetts, Kansas City M. & B. R. Co. v. Stiles, Northwestern Mut. L. Ins. Co. v. … The objection, it was said, was clearly unsound. [8] In response to the claim that the privileges and immunities of the plaintiff as a citizen are abridged by the statute in question, suffice it to say that the plaintiff

H.C. and Y.C. v. DeWine

District Court, S.D. Ohio · Jul 29, 2021

A state's plan must also provide for the establishment or designation of a state authority that is responsible for establishing and maintaining licensing standards for foster family homes, and those standards … There are, however, three exceptions to a state's Eleventh Amendment immunity: when the state has consented to suit; when Congress has clearly and expressly abrogated the state's immunity; and when the exception set forth

Sprouse v. Mitchell

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

The Court therefore need not consider defendant Newman’s qualified immunity argument. 3. … Even if plaintiff had, defendant Brown argues that she would be entitled to qualified immunity or immunity under state law.

Wilkins v. Daniels

913 F. Supp. 2d 517 · District Court, S.D. Ohio · Dec 20, 2012

Many animals are clearly differentiated by their appearance or their behavior or their size. But in many cases, there may be animals that aren’t clearly identifiable, and the microchip, then, makes that conclusive.” … Just because Plaintiffs may not qualify for any of the other exemptions does not mean that the Act compels Plaintiffs to qualify for the exemption for accredited zoological organizations by joining the AZA or the ZAA.

Whiteside

District Court, S.D. Ohio · Aug 3, 2026

As municipal employees, Defendants also invoke a qualified immunity defense. … right, and (2) that the right was “clearly established” at the time of the challenged conduct.’”

MANGO v. City of Columbus

District Court, S.D. Ohio · Sep 3, 2020

However, the immunity is qualified when 5 “In determining whether an official is entitled to prosecutorial immunity, th[e] court employs a ‘functional approach’ and looks to the ‘nature of the function performed, … malfeasance destroys a qualified privilege.

Larson v. Eppinger

District Court, S.D. Ohio · Nov 2, 2020

Accordingly, in drafting a complaint, a plaintiff must: (1) clearly state the underlying claim; and (2) include supporting facts that describe “official acts frustrating the litigation” to show actual injury. … “[A]n inmate cannot establish relevant actual injury simply by establishing [their claim] in some theoretical sense.” Lewis, 518 U.S. at 351.

Swann v. Reese

District Court, S.D. Ohio · May 19, 2022

“[T]he proponent of the claim of absolute judicial immunity … bears the burden of establishing that such immunity is warranted.” Id. … Given that courts “err on the side of granting immunity in close cases,” the overarching question is whether judges clearly overstep their authority. Id.

Dayton Newspapers, Inc. v. United States Department of the Navy

109 F. Supp. 2d 768 · District Court, S.D. Ohio · May 18, 1999

As with the information provided by the court-martial witnesses and defendants, the court-martial members’ completed questionnaires are presumably subject to disclosure under the FOIA, unless the Defendants can establish … In so ruling, the court recognized that the public possesses a qualified right of access to criminal trials, including voir dire proceedings.

NBBJ East Ltd. Partnership v. NBBJ Training Academy, Inc.

201 F. Supp. 2d 800 · District Court, S.D. Ohio · Oct 15, 2001

Clearly, Plaintiffs mark is famous, by any definition, in the architectural, design and construction communities. … Clearly, the potency of the use of the NBBJ mark will be lessened with each new use.

Offill v. Pennsylvania Life Insurance

243 F.R.D. 276 · District Court, S.D. Ohio · Jul 6, 2007

PennLife also moves the Court for summary judgment on Offill’s claim, asserting that its investigation clearly establishes that Offill is not “totally disabled,” which is a requisite for collection under the policy; thus, … MOTION FOR SUMMARY JUDGMENT (DOC. # 13) The Defendant also moves the Court for summary judgment on the Plaintiffs claim, asserting that its investigation clearly establishes that the Plaintiff is not “totally disabled,” which

Kendall Holdings, Ltd. v. Eden Cryogenics LLC

630 F. Supp. 2d 853 · District Court, S.D. Ohio · Jun 20, 2008

Plaintiff does not address these arguments in its Reply, and the Court concludes that Plaintiff has not clearly established that this information is a trade secret. … “To qualify for copyright protection, a work must be original to the author....

Grove v. Ohio State University, College of Veterinary Medicine

424 F. Supp. 377 · District Court, S.D. Ohio · Dec 16, 1976

Secondly, he urges that the admission of less qualified students than himself, and the failure to admit other students as well or better qualified than himself are both unconstitutional denials of equal protection of the … Nevertheless, this Court is not disposed to grant judgment for the plaintiff for any detriment incurred as a result of such reliance because plaintiff has not established that “injustice can be avoided only by enforcement

Hillman

District Court, S.D. Ohio · Sep 11, 2026

Plaintiff also addresses at length principles that were not raised by the Magistrate Judge, such as the Rooker-Feldman doctrine and qualified immunity. (ECF No. 15-1, PageID 304–07, 315–17.) As set forth in 28 U.S.C. … The rest of Plaintiff’s specific objections focus on immunity. (ECF No. 15-1, PageID 300–01.)