Case law

Sheckles v. Warden

District Court, N.D. Indiana · Nov 6, 2023

The court concluded that he did not establish deficient performance or prejudice. Id. … As a general rule, errors by post-conviction counsel do not qualify as cause to set aside a procedural default. Maples v. Thomas, 565 U.S. 266, 280 (2012).

Taylor

District Court, N.D. Indiana · Apr 7, 2026

To establish liability under the Eighth Amendment, a prisoner must show: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to that need. Farmer v. … A preliminary injunction is a “very far-reaching power, never to be indulged in except in a case clearly demanding it.” Cassell v. Snyders, 990 F.3d 539, 544 (7th Cir. 2021) (quoting Orr v.

Smith v. Nexus RVs, LLC

District Court, N.D. Indiana · Jun 19, 2020

He doesn’t qualify that answer except to say that the issue stems from “[d]esign—it’s design issues or manufacturing issues.” Id. … Yet more, the Smiths have adduced evidence establishing a triable issue on whether this unit was merchantable.

Wolford v. Commissioner of Social Security

District Court, N.D. Indiana · Feb 27, 2023

An individual’s ability to communicate normally during a short interaction does not mean the individual can communicate clearly over an entire workday. … The court cannot say that the administrative decision established a logical bridge. See Young v.

Dimmett v. Warden

District Court, N.D. Indiana · Jun 11, 2024

prisoner’s postconviction attorney does not qualify as cause.” Id. … “The statute clearly allows the presence of impurities or other substances to be considered in determining the weight of confiscated drugs, or in reaching the [statutory threshold weight].” Id.

Annie Oakley Enterprises Inc v. Kinsale Insurance Company

District Court, N.D. Indiana · Sep 30, 2024

Sept. 2, 2014) (“a duty-to-indemnify claim is not ripe until liability has been established.”). And that is squarely where this case is positioned. … The Court explained further that to qualify as a third-party beneficiary: [I]t must clearly appear that it was the purpose or a purpose of the contract to impose an obligation on one of the contracting parties in

McManus v. Saint Mary's College

District Court, N.D. Indiana · Feb 4, 2020

McManus Has Not Established that Saint Mary’s Violated Her FMLA Rights by Meeting with Her on August 4, 2017. Ms. … Communicate clearly, both orally and in writing, on the telephone, and in person. Work with others in a team environment.” ECF 25-1 at 157.

Thomas

District Court, N.D. Indiana · Nov 5, 2025

Fulton Cty., 27 F.4th 491, 494 (7th Cir. 2022) (“Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.”) (emphasis added)); see also Walker v. … In the prison context, written requests for interviews and/or grievances clearly constitute First Amendment protected activity. Id.; see also Gomez v.

United States v. Abreu

747 F. Supp. 493 · District Court, N.D. Indiana · Aug 2, 1990

The court indicated that the agreements, which also feature the dismissal of all charges in HCR 89-87, appear to be designed to circumvent the Guidelines established by the United States Sentencing Commission under the Sentencing … Clearly, the fact that an indictment was returned by a grand jury removes the decision as to whether the prosecution of those charges shall terminate from the sole and exclusive province of the executive, whether incident

Sims

District Court, N.D. Indiana · Jul 15, 2026

The state defendants also argue that they are entitled to qualified immunity. In his response briefs, Mr. … As submitted, the evidence does not establish that Mr. Sims’s condition was so obvious that the need for a doctor’s attention was easily recognizable.

Williams v. Pharmacia Inc.

956 F. Supp. 1457 · District Court, N.D. Indiana · Nov 21, 1996

McKenzie has failed to establish the causation element of a prima facie case with respect to this incident. 92 F.3d at 485 . Neither Juarez nor Holland v. … Jefferson Nat’l Life Ins., Co., 883 F.2d 1307 (7th Cir.1989) (also cited by Pharmacia), establishes that the period between Ms.

Fulk v. United States

District Court, N.D. Indiana · Nov 16, 2023

Fulk had 27 criminal history points—more than twice the number needed to qualify for the highest criminal history category of VI. (Id. at ¶ 95). … From the evidence provided, Fulk cannot establish that a motion to suppress would have had merit nor can he establish that any such failure prejudiced him.

Fromer v. Payne

District Court, N.D. Indiana · May 16, 2022

McBride, 178 F.3d 849, 855 (7th Cir. 1999) (where inmate complained about severe deprivations but was ignored, he established a “prototypical case of deliberate indifference”). … He alleges Nurse Wenzel would not refer him to a doctor, but he clearly knew how to request a medical appointment and there is no indication she prevented him from doing so. Mr.

Pennington v. United States

District Court, N.D. Indiana · Sep 11, 2023

Once the defendant has established such a conflict, he must further establish that the conflict “adversely affected his lawyer's performance.” Id. at 348. … A “mere possibility of prejudice does not qualify as actual prejudice.” Prewitt v.

Webster v. Bradford-Scott Data, LLC

District Court, N.D. Indiana · Feb 20, 2025

The diminished value of Plaintiffs’ PII is simply “too speculative” to establish a cognizable injury. … That said, the Court cannot say these allegations have “no possible relation to the controversy and [are] clearly prejudicial.” Mitchell, 603 F. Supp. at 921.

Boura

District Court, N.D. Indiana · Mar 31, 2026

A claimant qualifies as disabled if he or she cannot perform such work. … There’s no indication that the VE independently reviewed the medical record so as to be clearly aware of Plaintiff’s limitations.

Custom Truck One Source, Inc. v. Norris

District Court, N.D. Indiana · Feb 28, 2022

Additionally, Defendant asserts that CTOS does not have a protectable interest merely in the place where a business establishes itself. … cannot conclude that CTOS has established it.

Zelnis v. O'Connor

District Court, N.D. Indiana · Jan 6, 2025

As a final argument, Defendants argue that they are entitled to qualified immunity and that Defendants Wasmer and O’Connor are entitled to summary judgment because they did not make the decision to suspend Zelnis. … Facebook post while at home and off-duty may not, on its own, prevent someone from performing tasks while at work and on duty, taking a public stance against a shift length that one has the duty of scheduling is not so clearly

Harrison v. City of Fort Wayne

District Court, N.D. Indiana · Oct 8, 2020

At least as to Harrison’s § 1983 claims, the letter is clearly not relevant. See Hill v. City of Chi., No. 06 C 6772, 2011 WL 3205304, at *3 (N.D. Ill. … July 28, 2011) (“It is well-settled that violations of the Chicago Police Department Rules and Regulations cannot establish proof that a defendant violated a plaintiff’s constitutional rights.” (citing Thompson v.

LeSEA Inc v. LeSEA Broadcasting Corporation

District Court, N.D. Indiana · Feb 24, 2025

Hesse surely should have been aware by these points in time that her claims were clearly not viable. [DE 407 at 3-6.] … The Hinshaw Declaration establishes that a $14,000 portion of the fees incurred by David were reimbursed by LeSEA. [Hinshaw Decl., DE 410.]