Case law

Baldwin v. Cole

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

determine whether the complaint, or any portion of it, should be dismissed because it is frivolous, malicious, fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune … An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327.

Board of Trustees v. U.S. Department of Education

681 F. Supp. 460 · District Court, S.D. Ohio · Mar 15, 1988

Considering all the testimony presented, as well as related information collected directly by the House subcommittee, it was clearly substantiated that a single national center should be established which is selected on a … expertise necessary to make a qualified judgment.

Pablo Air Charter, LLC v. United States

District Court, S.D. Ohio · Mar 7, 2025

To be granted, “[a] Rule 59(e) motion must present newly discovered evidence or clearly establish a manifest error of law.” D.E. v. … Under the “interference with contract rights” exception to this immunity waiver, the United States retains its sovereign immunity for claims arising out of contract rights regardless of how the claim is labeled.

Vanater v. Village of South Point

717 F. Supp. 1236 · District Court, S.D. Ohio · Jun 29, 1989

Clearly, the Village of South Point cannot deprive Mr. Vanater of property without due process of law or deny Mr. Vanater equal protection of the laws. … “A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to others.” Village of Hoffman Estates v.

Bailey v. Sullivan

771 F. Supp. 215 · District Court, S.D. Ohio · Aug 7, 1991

Subsequent letters from the State Teachers Retirement System established that plaintiff’s pension began in July 1987 at [a] rate of $1,506.81 a month (Tr. 62). … Before a ruling on a motion for summary judgment can be made, the dispositive issues and factual inquiries relevant to the motion must be clearly delineated.

Lindsey v. Bradshaw

District Court, S.D. Ohio · Dec 30, 2020

of clearly established federal law. … In sum, it cannot be said that the state court’s denial of this claim was contrary to, or an unreasonable application of clearly established Supreme Court precedent, where there is no clearly established federal law on

Anderson v. Jones, Sheriff

District Court, S.D. Ohio · Feb 19, 2020

Second, this Court must also address the question of qualified immunity. … “Under 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 clearly established

Bronson v. Board of Education

510 F. Supp. 1251 · District Court, S.D. Ohio · Oct 16, 1980

The same public policy considerations against giving a defendant immunity — in fact, perpetual immunity — from liability, for such violations in the future is present here. … Application of the doctrine in that manner would be tantamount to granting the Cincinnati defendants a partial immunity.

Western Southern Life Insurance v. United States

842 F. Supp. 289 · District Court, S.D. Ohio · Dec 16, 1993

increase, or if they were “other than term” insurance and qualified for the greater increase. … As such, they qualify for the larger increase available under § 818(c)(2)(A) for “other than term insurance.”

Noakes v. University Of Cincinnati

District Court, S.D. Ohio · May 2, 2024

Because UC is a public university in the State of Ohio, it qualifies as an arm of the state and is therefore immune from suit. See id. … Moreover, any attempt to obtain those records without Jane Roe’s consent would have clearly run afoul of Title IX.

Watson v. Limbach Company

333 F. Supp. 754 · District Court, S.D. Ohio · Oct 27, 1971

suffered damages as a direct and proximate result of defendants’ unlawful employment practices and that he “will continue to suffer irreparable injury from defendants’ policy, practice and custom of discrimination against qualified … Our Circuit Court has established, as principles, that Title VII is not to be narrowly construed, Blue Bell Boots, Inc. v.

Gerdau v. Cambridge City Police

District Court, S.D. Ohio · Jun 22, 2022

Here, Plaintiff has established good cause to modify and extend the deadlines that have yet to expire, (i.e., the deadlines to complete discovery and file dispositive motions, including motions raising qualified immunity … The July 7, 2022 deadline for discovery and the August 8, 2022 deadline for dispositive motions, including motions raising qualified immunity defenses, are both extended for 90 days.

Oliver v. Hamilton County Court of Common Pleas

District Court, S.D. Ohio · Mar 10, 2023

An action has no arguable legal basis when the defendant is immune from suit or when plaintiff claims a violation of a legal interest which clearly does not exist. Neitzke, 490 U.S. at 327. … Aug. 20, 2012), (“In the Sixth Circuit, ‘it is well established that judges and other court officers enjoy absolute immunity from suit on claims arising out of the performance of judicial or quasi-judicial functions.’”)

Sherfel v. Gassman

748 F. Supp. 2d 776 · District Court, S.D. Ohio · Sep 27, 2010

Eleventh Amendment Immunity [4-6] Defendants argue that the instant action must be dismissed on the ground of Eleventh Amendment immunity. … The conduct constituting unclean hands must be established by clear, unequivocal and convincing evidence. Kearney & Trecker Corp. v. Cincinnati Milacron Inc., 562 F.2d 365, 371 (6th Cir.1977).

James v. Upper Arlington City School District

987 F. Supp. 1017 · District Court, S.D. Ohio · Dec 15, 1997

Judgment may be granted under Rule 12(c) where the movants clearly establish that no material issue of fact remains to be resolved and that they are entitled to judgment as a matter of law. Beal v. … The James clearly knew of the injury in November of 1989, whether or not they knew the injury was actionable.

Washburn v. UNUM Life Insurance Co. of America

43 F. Supp. 2d 848 · District Court, S.D. Ohio · Oct 9, 1998

UNUM argues that the Continuity of Coverage clause establishes coverage “based on the terms of the Provident Policy.” … to qualify as an active full-time employee.

Flanigan v. Liberty Life Assurance Co. of Boston

277 F. Supp. 2d 840 · District Court, S.D. Ohio · Aug 5, 2003

Does Plaintiff Qualify as Disabled? … Defendant Liberty Life therefore clearly has a conflict of interest, and such conflict must be weighed as a factor in determining whether there has been an abuse of discretion.

Butler v. City of Cincinnati Ohio

District Court, S.D. Ohio · Jul 27, 2020

Qualified Immunity The individual Defendants assert that they are entitled to qualified immunity as to Plaintiff’s federal claims, as he cannot establish violations of his … Dist., 428 F.3d 223, 235 (6th Cir. 2005) (Sutton, J., concurring) (explaining that the fact-intensive nature of the qualified immunity test make it “difficult for a defendant to claim qualified immunity on the pleadings

Kalyango v. Ohio University

District Court, S.D. Ohio · Mar 14, 2023

The parties do not dispute that Plaintiff is a member of a protected class and qualified for his position. As established supra, Plaintiff suffered an adverse employment action when he was de-tenured and terminated. … To establish a prima facie case of sex discrimination under Title VII, a plaintiff must show that: (1) he is a member of a protected class; (2) he is qualified for the job; (3) he experienced an adverse employment action

Firestone v. Galbreath

747 F. Supp. 1556 · District Court, S.D. Ohio · Jul 3, 1990

Therefore, the Zipperstein immunity rule would apply to the claims asserted on behalf of plaintiffs and the Family Trust. … Defendants also invoke the Zipper-stein rule immunity in respect to the other non-fraud claims asserted by plaintiffs.