Baker v. Bunker Hill Haven Home
Citations
- 2024 Ohio 875
Syllabus
The trial court did not err in granting summary judgment to appellee, a group home for wayward boys, where appellant, the administrator of her late son's estate, failed to establish a genuine issue of material fact existed that could subject appellee to liability for negligent supervision under a theory of in loco parentis.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \[o]nly a government motion based on section 3553(e) will allow the court to depart below the mandatory minimum;\ a motion pursuant to section 5K1.1 alone is insufficient
- holding that the plain language of U.S.S.G. Sec. 5K1.1, its application notes and its commentary do not provide for departure below the statutory mandatory minimum, only for departure below the guidelines sentence
- holding that “[o]nly a government motion based on section 3553(e) will allow the court to depart below the mandatory minimum;” a motion pursuant to section 5K1.1 alone is insufficient
- finding that the only authority to depart below a statutory minimum was section 3553(e)
Source: CourtListener parenthetical corpus (CC0).
Judges: S. Powell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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