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6 Ohio opinions name it 2 courts 1987–2026 2 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jacobs v. Frankgreen2 sentences2026Applying a similar statutory provision, we have held that the malice standard that must be met to overcome a claim of qualified privilege is “actual malice,” which we have defined as “acting with knowledge that the statements are false or acting with reckless disregard as to their truth or falsity,” Jacobs v. Frank, 60 Ohio St.3d 111, 116 (1991) (applying qualified immunity under former R.C. 2305.25). {¶ 113} R.C. 2305.28(D) insulates Reynolds from liability for the statements contained in the grievance he filed with the Dayton Bar Association. 2000Jacobs v. Frank (1991), 60 Ohio St.3d 111 , paragraph two of the syllabus. | 1 | 2 |
Johnson v. Jonesgreen2 sentences1998Among other things, the Supreme Court in Johnson pointed out that its decision in Mitchell had “referred specifically to a district court’s ‘denial of a claim of qualified immunity, to the extent that *358 it turns on an issue of law.’ ” (Emphasis added by the court in Johnson.) Id. at 313, 115 S.Ct. at 2156 , 132 L.Ed.2d at 247 , quoting Mitchell, supra, 472 U.S. at 530 , 105 S.Ct. at 2817-2818 , 86 L.Ed.2d at 427 . 1998Among other things, the Supreme Court in Johnson pointed out that its decision in Mitchell had “referred specifically to a district court’s ‘denial of a claim of qualified immunity, to the extent that *358 it turns on an issue of law.’ ” (Emphasis added by the court in Johnson.) Id. at 313, 115 S.Ct. at 2156 , 132 L.Ed.2d at 247 , quoting Mitchell, supra, 472 U.S. at 530 , 105 S.Ct. at 2817-2818 , 86 L.Ed.2d at 427 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mitchell v. Forsyth
red
2 sentences1998In Mitchell v. Forsyth (1985), 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 , however, the United States Supreme Court determined that certain “collateral orders” denying summary judgment to a public official asserting a defense of qualified immunity are immediately appealable as “final decisions” within the meaning of Section 1291, Title 28, U.S. Code: “[W]e hold that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 USC § 1291 notwithstanding the absence of a final judgment. 1998In Mitchell v. Forsyth (1985), 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 , however, the United States Supreme Court determined that certain “collateral orders” denying summary judgment to a public official asserting a defense of qualified immunity are immediately appealable as “final decisions” within the meaning of Section 1291, Title 28, U.S. Code: “[W]e hold that a district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 USC § 1291 notwithstanding the absence of a final judgment. | 2 | 1987–1998 |
Ohio Civil Service Employees Ass'n v. Moritz
green
2 sentences2022Employees Ass'n v. Moritz, 39 Ohio App.3d 132 , 529 N.E.2d 1290 (10th Dist.1987) (The denial of a motion for summary judgment in a case brought under Section 1983, Title 42, U.S.Code, which motion is based on a claim of qualified immunity by state officials, is not a final appealable order); Stevens v. Ackman (2001), 91 Ohio St.3d 182 , 743 N.E.2d 901 (the court specifically found that the denial of a summary judgment motion on the issue of governmental immunity is not a final appealable order). {¶24} Here, an immediate appeal is not necessary to protect Appellant's right to assert an immunity 2022Employees Ass'n v. Moritz, 39 Ohio App.3d 132 , 529 N.E.2d 1290 (10th Dist.1987) (The denial of a motion for summary judgment in a case brought under Section 1983, Title 42, U.S.Code, which motion is based on a claim of qualified immunity by state officials, is not a final appealable order); Stevens v. Ackman (2001), 91 Ohio St.3d 182 , 743 N.E.2d 901 (the court specifically found that the denial of a summary judgment motion on the issue of governmental immunity is not a final appealable order). {¶24} Here, an immediate appeal is not necessary to protect Appellant's right to assert an immunity | 1 | 2022–2022 |
Stevens v. Ackman
green
1 sentence2022Employees Ass'n v. Moritz, 39 Ohio App.3d 132 , 529 N.E.2d 1290 (10th Dist.1987) (The denial of a motion for summary judgment in a case brought under Section 1983, Title 42, U.S.Code, which motion is based on a claim of qualified immunity by state officials, is not a final appealable order); Stevens v. Ackman (2001), 91 Ohio St.3d 182 , 743 N.E.2d 901 (the court specifically found that the denial of a summary judgment motion on the issue of governmental immunity is not a final appealable order). {¶24} Here, an immediate appeal is not necessary to protect Appellant's right to assert an immunity | 1 | 2022–2022 |
Anderson v. Creighton
green
2 sentences1996In Anderson v. Creighton (1987), 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 , the United States Supreme Court established a two-part analysis to assess a claim of qualified immunity. 1996In Anderson v. Creighton (1987), 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 , the United States Supreme Court established a two-part analysis to assess a claim of qualified immunity. | 1 | 1996–1996 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.