Case law

Hamilton v. Lake Minnehaha Owners Association, Inc.

District Court, N.D. Indiana · Aug 24, 2022

Although she claims she was well-qualified for the job, it was given to somebody else with no experience in the area and who had a criminal history of embezzlement. Id. … for failing to establish that either one was engaged in any conduct relating to Hamilton.

Herzog

District Court, N.D. Indiana · Oct 10, 2025

court must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … In determining whether an action could qualify as an adverse act, the court applies an objective standard, inquiring whether the alleged deprivation would likely deter “a person of ordinary firmness” from continuing to

Ball v. Commissioner of Social Security

District Court, N.D. Indiana · Nov 12, 2020

"When facts relevant to subject-matter jurisdiction are disputed, the plaintiff must establish those facts by a preponderance of the evidence." Miller v. Fryzel, 499 F. … Clearly, Plaintiff’s failure to assert a challenge to the ALJ’s appointment before the agency at any point in the administrative proceedings leads to forfeiture of her Appointments Clause claim. United States v. L.A.

Dewey v. Hershberger

District Court, N.D. Indiana · Mar 26, 2025

1915A, I must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … The Establishment Clause, however, requires the jail to treat all religions equally, “except to the extent required by the exigencies of prison administration.” Johnson-Bey v.

Stone-Bey v. Swihart

898 F. Supp. 1287 · District Court, N.D. Indiana · Sep 22, 1995

Thus, if Stone-Bey fails to establish the absence of a genuine factual issue, the motion must be denied even if Swihart or Barnes present no evidence. Bailey v. … Voice stress analysis results are clearly admissible for corroboration in prison disciplinary hearings, See Lenea v.

Bailey v. Skipperliner Industries, Inc.

278 F. Supp. 2d 945 · District Court, N.D. Indiana · Aug 22, 2003

Caterpillar argues that “[ajccording to Caterpillar’s qualified expert, no defect in design or manufacture exists in the plaintiffs’ engines,” and that Plaintiffs’ have set forth no contrary evidence by qualified experts … Caterpillar’s argument that Plaintiffs have failed to produce qualified expert testimony is unpersuasive.

Endres v. Horner

District Court, N.D. Indiana · Feb 14, 2025

. § 1915A, I must screen the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such … “Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cnty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v.

United States (EPA) v. Environmental Waste Control, Inc.

710 F. Supp. 1172 · District Court, N.D. Indiana · Apr 17, 1989

Congress clearly intended to provide for the recovery of attorney fees in citizen suits brought pursuant to § 6972 and § 9659, and Congress clearly intended to reestablish intervention as of right in government initiated … FCL property lines, with the owners of all adjoining property clearly indicated. c.

Ocasio v. Turner

19 F. Supp. 3d 841 · District Court, N.D. Indiana · May 14, 2014

Feb. 15, 2012) (“[T]he existence of public records such as court documents cannot be used to establish any disputed facts.” (citing Indep. … In addition, [a] lawsuit filed against an employee personally must allege that an act or omission of the employee that causes a loss is: (1) criminal; (2) clearly outside the scope of the employee’s employment; (3) malicious

Gonzales v. North Tp. of Lake County

800 F. Supp. 676 · District Court, N.D. Indiana · Jul 28, 1992

Moreover, this Court finds Jacquet is not qualified as an expert based on the credentials provided in her letter. … Establishment Clause Claim Appleman claims that the continued presence of the Monument in the Park violates the Establishment Clause of the First Amendment because the crucifix on the Monument is clearly a religious symbol

Hart v. Prestress Services Industries, LLC

District Court, N.D. Indiana · Mar 2, 2020

Plaintiff asserts that his ADA discrimination claim must proceed to trial because he was a qualified individual with a disability, he can establish a prima facie case … However, the Seventh Circuit has also stated, rather categorically, that the “[i]nability to work for a multi-month period” precludes a person from establishing that they are a qualified individual under the ADA.

Kunkle v. Holcomb

District Court, N.D. Indiana · Apr 4, 2022

review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Kunkle next complains that his clearly marked outgoing legal mail to his criminal attorney was opened outside of his presence and the contents shared with 1 Mr.

Hodson v. Grant County Commissioners

District Court, N.D. Indiana · Sep 23, 2025

And it is well established in this circuit “that judges may take judicial notice of matters of public record when ruling on a motion to dismiss . . . … , regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Indiana Port Commission v. Bethlehem Steel Corp.

534 F. Supp. 858 · District Court, N.D. Indiana · Apr 14, 1981

This context and history clearly show that Congress was directing that the Federal Government not charge tolls, and was not addressing the power of the States. … The provision of the tariff establishing the liability of agents is entitled to the same deference as the establishment of the Charge itself. For the reasons stated, it too should be upheld.

Bernard v. Sweetwater Sound, Inc.

District Court, N.D. Indiana · Sep 29, 2023

Sweetwater contends that Heintz’s response to Bernard’s question is clearly “a description of temporary leave,” not termination. … And before Bernard was pregnant, Sweetwater informally 11 The record does not clearly reflect whether Hostetler injured her back on or off the job.

Arnold

District Court, N.D. Indiana · Dec 15, 2025

The express purpose of SORNA is “to protect the public from sex offenders and offenders against children” by “establish[ing] a comprehensive national system for [their] registration.” Id. at 133 (quoting § 20901). … “Absent clearly expressed Congressional intent to the contrary, the plain language should be conclusive.” United States v. Berkos, 543 F.3d 392, 396 (7th Cir. 2008).

Blasingame v. Galipeau

District Court, N.D. Indiana · Aug 19, 2021

At the same time, a prisoner is not required to show that he was “literally ignored” to establish deliberate indifference. Berry v. Peterman, 604 F.3d 435, 441 (7th Cir. 2010). … He does not clearly define the policy or provide enough detail to plausibly suggest that it was an official policy of Wexford that caused his injury in this case.

Anderson v. Torrington Co.

755 F. Supp. 834 · District Court, N.D. Indiana · Jan 22, 1991

Eighty-three class members would qualify for the health insurance option. On November 21, 1989, the court gave the settlement preliminary approval and directed notice to class members. … [Settlement of this litigation was reached at a very late stage, after the issues had been clearly identified, liability and impact had been decided, and a massive record had been compiled.

Brett v. Goshen Community School Corp.

161 F. Supp. 2d 930 · District Court, N.D. Indiana · Sep 6, 2001

Dist., 202 F.3d 642 , 654 n. 13 (3d Cir.2000) (approving district court’s summary treatment of Rehabilitation Act claim based on analysis of IDEA claim because Rehabilitation Act claim was “clearly derivative” of the IDEA … So long as graduation qualified as free appropriate public education — and no reasonable jury could conclude otherwise — Defendants fulfilled their legal obligations to Brett. 4.

Bollenbacher v. Helena Chemical Co.

926 F. Supp. 781 · District Court, N.D. Indiana · Feb 29, 1996

To establish a genuine issue of fact, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … Her attitude on this matter clearly demonstrates that I was to know without a doubt the consequences of my decision. Defendant's Reply in Opposition, p. 9.