Case law

Paige v. Coyner

867 F. Supp. 2d 975 · District Court, S.D. Ohio · Mar 29, 2012

Qualified Immunity Defendants next urge the Court to find that Defendant Coyner is entitled to qualified immunity. … Defendants assert that Coyner is entitled to immunity because Plaintiff has not shown that the constitutional right she claims was violated was clearly established at the time (doc. 39).

Steplight v. Belpulsi

76 Ohio App. 3d 384 · Ohio Court of Appeals · Nov 25, 1991

Pursuant to Harlow , a person is immune from liability if he or she acts in such a way that the action does not violate clearly established law of which a reasonable person would have known. … The court restated *390 the purpose of the qualified immunity rule in Anderson v.

Gessner v. City of Union

159 Ohio App. 3d 43 · Ohio Court of Appeals · Oct 8, 2004

Subsequently, the trial court granted the motion to dismiss on the latter two grounds, but overruled the motion to the extent that it was based on Union’s qualified immunity. … .” {¶ 31} Discharge is clearly a matter that stems from an employment relationship.

Siefert v. Hamilton Cnty. Bd. of Comm'rs

354 F. Supp. 3d 815 · District Court, S.D. Ohio · Nov 15, 2018

"The doctrine of qualified immunity protects 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 … Williams-Ash , this Court cannot conclude that County Defendants have violated a clearly established procedural due process right. The County Defendants therefore are entitled to qualified immunity on this claim. c.

Rich v. Erie County Department of Human Resources

106 Ohio App. 3d 88 · Ohio Court of Appeals · Aug 25, 1995

Qualified immunity may not be asserted as a defense to an action alleging the failure of a public official to perform ministerial acts. (Scot Lad Foods, Inc. v. … It draws a distinction between ministerial and discretionary duties, and between absolute and qualified immunity.

Griner v. Minster Board of Education

128 Ohio App. 3d 425 · Ohio Court of Appeals · Jul 5, 1998

may be asserted to establish nonliability: "(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division * * *, the employee is immune from liability … Rather, appellees proceeded in their motion for summary judgment on the assumption that whether or not negligence was established, they were immune from liability.

Dunn v. Village of Put-In-Bay

291 F. Supp. 2d 647 · District Court, N.D. Ohio · Nov 4, 2003

was clearly established at the time that the injury occurred. … The Village and Township, therefore, are entitled to qualified immunity. E.

Slough v. Telb

644 F. Supp. 2d 978 · District Court, N.D. Ohio · Aug 14, 2009

Qualified immunity protects public officials from suit for civil damages so long as their- conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … No clearly established constitutional right was violated by Defendants entry into Plaintiffs home. Defendants are entitled to qualified immunity in entering Plaintiffs home. b.

Stanfield v. City of Lima

244 F. Supp. 3d 638 · District Court, N.D. Ohio · Feb 24, 2017

Nevertheless, the doctrine of qualified immunity shields government officials from suit if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second inquiry, whether qualified immunity shields an officer from suit, depends on whether, at the time of the incident, “the right was clearly established ... in light of the specific context of the case, not as a broad

Fisher v. Ahmed

153 N.E.3d 612 · Ohio Court of Appeals · Mar 31, 2020

Even assuming that the facts and allegations of the complaint conclusively established that Ahmed is generally personally immune from liability, the complaint does not conclusively establish the inapplicability of an exception … Once established, a qualified privilege can be defeated by a clear and convincing showing that the communication was made with actual malice.

Scott v. City of Cleveland

555 F. Supp. 2d 890 · District Court, N.D. Ohio · May 13, 2008

State actors faced with a civil suit under § 1983 may be immune from liability for damages, but they enjoy a qualified, not absolute, immunity Harlow v. … clearly established.

M.P., a Minor v. Monroe Local Schools

District Court, S.D. Ohio · Sep 30, 2021

"An official sued under §1983 is entitled to qualified immunity unless it is shown that the official violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." … Fitzgerald, 457 U.S. 800, 818 (1982) (Qualified immunity shields "government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established

Kies Ex Rel. Kies v. City of Lima

612 F. Supp. 2d 888 · District Court, N.D. Ohio · Mar 16, 2009

Qualified Immunity Officers Ricker and Green assert qualified immunity in response to Kies’ § 1983 claims. … “The third inquiry impacts the analysis when despite the violation of a clearly established constitutional right, the official’s conduct was objectively reasonable, and so should still enjoy qualified immunity.” Id.

Leonhardt v. Akron

2019 Ohio 5223 · Ohio Court of Appeals · Dec 18, 2019

clearly established law and the information the officer possessed. … We therefore conclude the trial court erred in finding Officers Sams and Smith were entitled to qualified immunity. {¶37} Dr.

Fennell v. Simmons

951 F. Supp. 706 · District Court, N.D. Ohio · Jan 3, 1997

right was not clearly established. … established, 7 so as to entitle the defendants to judgment on all of Torcasio’s claims of relief on the basis of qualified immunity.

Way v. Shawnee Township

192 F. Supp. 3d 867 · District Court, N.D. Ohio · Jun 20, 2016

Qualified Immunity Finally, defendants argue Truesdale is entitled to qualified immunity. *881 Qualified immunity is not a defense to liability. Mitchell v. … was “clearly established” when he or she did so.

Williams v. Crosby

43 F. Supp. 3d 794 · District Court, N.D. Ohio · Aug 12, 2014

The doctrine of qualified immunity shields from civil liability government officials who perform discretionary functions if “their conduct does not violate clearly established statutory or constitutional rights of which a … Williams is a constitutional violation, it was not clearly established under Circuit precedent in September 2012. R. Williams is entitled to qualified immunity on the unlawful arrest claim.

Lee v. City of Cleveland

151 Ohio App. 3d 581 · Ohio Court of Appeals · Feb 20, 2003

These agreed facts demonstrate no genuine issue of material fact existed as to whether Officers Svoboda and Wolf were entitled to qualified immunity. … Public officials who perform discretionary functions are generally immune in a Section 1983 action as long as their conduct does not violate clearly established federal statutory or constitutional rights of which a reasonable

Szuch v. FirstEnergy Nuclear Operating Co.

2016 Ohio 620 · Ohio Court of Appeals · Feb 19, 2016

Nuisance may be further divided into “absolute” and “qualified.” … . {¶ 54} Alternatively, appellants argue that the operation of the range above the noise regulations is evidence of negligence sufficient to establish a qualified nuisance.

Reed v. Multi-Cty. Juvenile Sys.

2010 Ohio 6602 · Ohio Court of Appeals · Dec 30, 2010

To overcome the appellants' qualified-immunity defense, Reed must establish that the appellants' conduct violated a constitutional right and that the right was clearly established. Hope v. … Leonard (C.A.8, 2007), 477 F.3d 544, where qualified immunity was denied via summary judgment.