· 8/2/2023
Niekamp v. Ohio Dept. of Natural Resources
Citations
- 2023 Ohio 3162
Syllabus
Property damage. Insurance. Acts of God. Flooding. Crop loss. Dredged material relocation area. Negligence. Duty of care. Burden of proof. Causation. Industry practice. Judgment for defendant.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the relevant question in § 1983 cases is an objective one, in which “subjective beliefs ... are irrelevant”
- holding that common law would shield officers from liability if fugitive was present in third-party’s home
- holding that an officer's subjective beliefs are irrelevant when evaluating the reasonableness of their actions
- holding that law enforcement officers should not be held liable if they reasonably but mistakenly concluded that exigent circumstances justified warrantless home search
- holding that officers who participated in unconstitutional search were entitled to qualified immunity because a reasonable officer could have believed the search comported with the Fourth Amendment
- holding that federal officer named in Bivens action is not protected by qualified immunity if the claimed right was clearly established, so that a reasonable officer would realize the violation
Source: CourtListener parenthetical corpus (CC0).
Judges: Shaver
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.