Kenneth S. McHargh

U.S. District Court for the Northern District of Ohio magistrate Retired 2016 · served 2004–2016 Appointed by Judges of the U.S. District Court for the Northern District of Ohio 12 signed orders read

Judge McHargh no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge McHargh decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

McHargh treated conflicting accounts of probable cause as sufficient to defeat qualified immunity at summary judgment.

“The court finds that Patrizi has carried her burden to show that the defendants are not entitled to qualified immunity.”

In the trucking-coverage dispute, McHargh treated instructions to conceal the lessee's placards and identification numbers as significant evidence that the trip was outside the lessee's commercial business.

“both Brumfield, the truck’s owner, and Reymann, a Panther recruiter, told Eades to cover Panther’s placards and D.O.T. numbers prior to operating the truck.”

Procedural preferences

McHargh excluded an unauthenticated document from the summary-judgment record.

“Thus, the court will not consider the chart in ruling on Plaintiff’s motion.”

McHargh recommended conditional release when the state had denied a defendant an informed opportunity for a direct appeal.

“Thompson should be released from custody within ninety (90) days, unless the state grants him leave to file a delayed appeal.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Long
· 2014-03-26
Summary judgment (defendant Wells Fargo) Denied

“Defendant Wells Fargo’s motion for summary judgment (doc. 49) is DENIED.”

Summary judgment (defendants Long and Puruczky) Denied

“Likewise, Defendants Long and Puruezky’s motion for summary judgment (doc. 50), via incorporation of Wells Fargo’s motion, is DENIED.”

Summary judgment (United States) Granted in part

“The plaintiff United States’ motion for summary judgment (doc. 48) is GRANTED in part, and DENIED in part.”

Patrizi v. Huff
· 2011-03-31
Summary judgment (defendant police officers) Denied

“It is recommended that the motion for summary judgment (doc. 30) be denied, as discussed above.”

Cleveland v. Bradshaw
· 2011-01-14
Motions to dismiss (respondent warden) Granted

“It is recommended that the motion to dismiss the petition for a writ of habeas corpus be GRANTED.”

Carolina Casualty Insurance v. Panther II Transportation, Inc.
· 2009-08-06
Summary judgment (plaintiff insurer) Denied

“the Court GRANTS Defendants’ motion for summary judgment and DENIES Plaintiffs motion for summary judgment.”

Summary judgment (defendants) Granted
Abdelkhaleq v. Precision Door of Akron
· 2009-08-28
Summary judgment (plaintiff employee) Denied

“For the following reasons, the court DENIES Plaintiffs motion for summary judgment.”

Custom Rubber Corp. v. ATS Specialized, Inc.
· 2009-01-07
Summary judgment (plaintiff shipper) Granted in part

“Custom Rubber’s Motion for Summary Judgment (doc. 39) is GRANTED in part and DENIED in part”

Summary judgment (defendant carrier) Granted in part

“ATS’ Motion for Summary Judgment (doc. 44) is GRANTED in part and DENIED in part”

Judgment on the pleadings (defendant carrier) Moot / procedural

“ATS’ Motion for Judgment on the Pleadings (doc. 34) is DENIED as moot.”

Risner v. Ohio Department of Rehabilitation & Correction
· 2008-04-28
Judgment on the pleadings (defendants) Granted in part

“the Magistrate Judge recommends that the Motion be GRANTED in part and DENIED in part.”

Bell v. City of Cleveland
· 2008-02-19
Motion for order to file reply (defendant police officer) Denied

“The motion for an order (doc. 14) under Civil Rule 7(a), directing plaintiff to file a reply to defendant’s Delvecchio’s answer is DENIED.”

Rettig v. Jefferys
· 2007-12-17
Habeas petition (petitioner) Denied

“It is recommended that the petition be denied.”

Thompson v. Wilson
· 2007-07-12
Habeas petition (petitioner) Granted

“It is recommended that the petition be granted.”

Vistein v. American Registry of Radiologic Technologists
· 2007-09-13
Summary judgment (defendant credentialing organization) Granted in part

“the Magistrate Judge recommends the ARRT’s Motion for Summary Judgment (doc. 55) be GRANTED in part and DENIED in part.”

Summary judgment (plaintiff) Granted in part

“the Magistrate Judge recommends Plaintiffs Motion for Summary Judgment (doc. 58) be GRANTED in part and DENIED in part.”

Fair v. State Farm Fire & Casualty Co.
· 2006-04-12
Summary judgment (defendant insurer) Granted

“State Farm’s motion for summary judgment (doc. 35) is granted.”

Caseload & timing

From public federal docket records for this judge.

The reviewed cohort contained nineteen civil matters and one same-day criminal magistrate matter filed from January through July 2008. Eight were Social Security appeals; the remainder included personal-injury, labor, contract, insurance, civil-rights, employment, property, and other statutory matters. The nineteen civil durations ranged from 115 to 1,567 days, with a median of 353 days.

A historical record

Judge McHargh no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.