Case law

McKee v. McCann

2017 Ohio 7181 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Aug 10, 2017

Shamblin had a qualified immunity from suit for false arrest. C. … We previously stated that Shamblin had qualified immunity on the false arrest claim, and that qualified immunity extends to a defamation claim premised on the same conduct.

Nolan v. City of Cleveland

2017 Ohio 8887 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Dec 7, 2017

Chapter 2744 {¶ 10} The Ohio Supreme Court has set forth a three-tiered analysis to determine whether a political subdivision is immune from tort liability: the first tier is to establish immunity under R.C. 2744.02(A)(1) … Cuyahoga No. 99660, the city conceded that the maintenance of a manhole located on a tree lawn "qualifies as a 'proprietary function.' " Id. at ¶ 9.

Emmerling v. Mahoning Cnty. Bd. of Comm'rs

2017 Ohio 9066 · Court of Appeals of Ohio, Seventh District, Mahoning County · Dec 12, 2017

Because the signs in questions are not mandatory pursuant to the Ohio Manual of Uniform Traffic Control Devices ("OMUTCD"), Appellant has not established that any exception to general governmental immunity exists. … from tort liability, that there were no exceptions to its immunity, and that Appellant had no evidence to establish a proximate cause between any alleged negligence of Appellee and the accident.

Katz v. Ohio State Board of Psychology

70 Ohio Misc. 1 · Court of Common Pleas of Ohio, Hamilton County · Dec 3, 1979

Defendant, Charles Young, argues he is entitled to summary judgment under the doctrine of qualified immunity as an investigator for the Ohio State Medical Board. … Although a government official is afforded qualified immunity, he will not be shielded from civil liability if he acts without regard for one’s clearly established constitutional rights. Procunier v.

Ohio Quay 55 L.L.C. v. City of Cleveland

2018 Ohio 752 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Mar 1, 2018

at 10:15 p.m., within 45 minutes of the report. 1 Furthermore, the mere fact that these employees could not immediately find and close a shutoff valve does not mean, as Quay 55 asserts, that the city failed to dispatch qualified … Although the first valve was not shut off until three hours after the break was reported, the evidence in the record clearly demonstrates that the supervisors and crew attempted in those three hours to locate, find, and shut

In re Trust Under the Hartman Will

28 Ohio N.P. (n.s.) 76 · Ohio Probate Court of Franklin County · May 20, 1930

Davis on his failure to qualify, or in case he qualified and thereafter ceased to be and act as such trustee. … Give to it our construction, and it is clearly constitutional.

Jones v. Metrohealth Med. Ctr.

2017 Ohio 7329 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Aug 24, 2017

By Stewart's reckoning, if the state has waived immunity from suit, political subdivisions can have no immunity of their own because their immunity is based on the state's immunity. {¶ 12} Stewart's argument is essentially … R.C. 339.14(A) allows a board of county commissioners to appoint a hospital commission preparatory to establishing a general hospital or hospital facility. {¶ 16} The question of whether a political subdivision is immune

Simpson v. Patton

18 Ohio C.C. (n.s.) 186 · Court of Appeals of Ohio, Seventh District, Harrison County · Nov 26, 1913

thereof. ’ ’ Now, by the statute, and by the commission of the Governor, clearly James Carter had the right to continue to act as justice of the peace until his successor was elected and qualified, and it is conceded that … no successor had been elected and qualified at the time he rendered the judgment in question.

Wayt v. DHSC, LLC

2017 Ohio 7734 · Court of Appeals of Ohio, Fifth District, Stark County · Sep 18, 2017

Immunity {¶ 102} Affinity next argues the jury should have been instructed that Affinity was immune from liability for the statements contained in the documents sent to the Ohio Board of Nursing. … The eight jurors answered in the affirmative. {¶ 103} We find no error warranting a new trial because of the jury instructions as to qualified privilege or immunity. Affinity's seventh Assignment of Error is overruled.

Clabaugh v. Harris

27 Ohio Misc. 153 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Mar 4, 1971

The rule of equity to entitle a party to injunctive relief requires that his rights must be clear; the nuisance must be clearly established; the legal rights of the complaining party must be shown to have been affected by … This is clearly within their province so to do. It is not within the province of the court to, in effect, deny this right.

Speller v. Toledo Pub. Sch. Bd. of Educ.

2017 Ohio 7994 · Court of Appeals of Ohio, Sixth District, Lucas County · Sep 29, 2017

It is undisputed that appellant is a member of two statutorily protected classes, she was terminated, and she was qualified for her position. … Trades Council , 73 Ohio St.3d 1 , 14, 651 N.E.2d 1283 (1995). {¶ 47} Appellant contends appellees argue, as supervisors, they are immune from liability.

Waugh v. Village of Marble Cliff

19 Ohio N.P. (n.s.) 17 · Court of Common Pleas of Ohio, Franklin County, Civil Division · May 26, 1916

But Judge Ranney discusses that subject, and, I think, states the rule probably as clearly as you will find it stated anywhere as to the line of demarcation. … , that immunity was enjoyed by the municipality.

Greenwald v. Shayne

152 Ohio Misc. 2d 12 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Apr 28, 2009

“Courts have long recognized that public policy strongly favors arbitration, analogizing to the principles of judicial immunity to shape the contours of arbitral immunity to suit.” Garcia v. … Furthermore, “[ajrbitral immunity is not limited to individual arbitrators. It has been uniformly accepted that such immunity extends to arbitration associations * * Garcia , at ¶ 90.

McCall Co. v. O'Neil

17 Ohio N.P. (n.s.) 17 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Nov 12, 1914

It is not a license for qualified use, but an attempt to unduly extend the right to vend. … It being established, therefore, by this decision that the patent law of the United States does not confer this right upon patentees, it follows that such patentees are not immune by virtue of the patent law from the provision

Ex parte Scott

15 Ohio N.P. (n.s.) 321 · Court of Common Pleas of Ohio, Hamilton County · Dec 19, 1913

In that case a board of three commissioners was established with power to grant licenses to sell liquor at retail. … It does not take from any man a solitary right, privilege or immunity. It subjects no one to penalties for its violation which are not imposed equally on all offenders.

City of Columbus v. Glackin

3 Ohio N.P. (n.s.) 356 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Jul 15, 1905

In this, I think the court below was clearly in error. I see no reason why the signers of a petition may not withdraw it if they see fit, and no authority is cited in support of such a doctrine. … The defendant in error, plaintiff below, did not establish the fact that it was not signed by forty per cent, of the qualified electors of the new district, but on the contrary his own evidence shows that forty per cent,

Bowland v. Wolfe Bros. Shoe Co.

10 Ohio N.P. (n.s.) 243 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Jul 15, 1910

Jones, the duly elected, qualified and acting auditor of Franklin county, but that, on the contrary, the said investigations and hearings were had and held by one Bailey W. … I understand it to be an established rule that where the auditor acts purely .arbitrarily and without any evidence or knowledge of his own of the facts, in making additions to tax returns, that it will not form the basis

Tye v. Beausay

2017 Ohio 7943 · Court of Appeals of Ohio, Second District, Montgomery County · Sep 29, 2017

It reasoned: We agree with the board, however, that these latter charges have not been established, because they required an attorney-client relationship between respondent and his client's daughter. … If "qualified immunity" is lost for one of these reasons, then a recognized substitute for an attorney-client relationship exists, and the third party may pursue a legal-malpractice claim against the attorney.

State v. Diegle

11 Ohio N.P. (n.s.) 593 · Court of Common Pleas of Ohio, Franklin County, Civil Division · Jun 28, 1911

The detectives engaged in this transaction are entitled by law to immunity, as I understand it. … witness has stated, I believe, in substance that he has had immunity.

State v. Cleavenger

2018 Ohio 446 · Court of Appeals of Ohio, Seventh District, Belmont County · Jan 25, 2018

This may be evidenced by a qualified expert. C. The witness using the apparatus as the source of his testimony must be one qualified for its use by training and experience. … A police officer with five years of experience is certainly qualified to do that."