R.W.B. v. T.V.
Citations
- 2024 Ohio 584
Syllabus
Civil stalking protection order abuse of discretion preponderance of evidence mental distress. The trial court did not abuse its discretion in finding that petitioner has demonstrated by a preponderance of the evidence the element of mental distress. Mental stress need not be incapacitating or debilitating, and actual treatment by a professional is not required to prove mental distress. The trial court here was permitted to rely on its knowledge and experience in determining whether mental distress has been caused.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding body-cavity searches unreasonable where, inter alia, the searching officers wore a single pair of gloves while searching multiple inmates
- finding that body cavity searches in prison were unreasonable in part because they were performed by police officers rather than medical personnel
- emphasizing visual nature of searches which had been upheld in the past
- to allow immediate appeal whenever a defendant can frame his arguments in terms of qualified immunity would, in effect, eliminate the final decision requirement for defendants who are public officials
- to allow immediate appeal whenever a defendant can frame his arguments in terms of qualified immunity would, in effect, eliminate the final decision requirement for defendants who are public officials
- “a body-cavity search of female inmates conducted by police officers, involving touching, conducted in a non-hy-gienie manner and in the presence of male officers, was a clearly established violation of the inmates’ fourth amendment right to be free from an unreasonable search”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheehan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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