Case law

LaRue v. Fazio

District Court, N.D. Indiana · May 6, 2024

Corporal Fazio asserts qualified immunity. … “A constitutional right is ‘clearly established’ for qualified-immunity purposes where [t]he contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that

Cole v. St. Joseph County

114 F. Supp. 2d 780 · District Court, N.D. Indiana · Jul 10, 2000

Defendants Cole and Borowski also claim entitlement to qualified immunity with regard to the due process claim. … As with the Due Process claim, defendants Cole and Borowski also argue that they are entitled to qualified immunity with regard to this claim.

Caldwell v. Malave

District Court, N.D. Indiana · Dec 17, 2020

Defendants argued that they are entitled to quasi-judicial immunity or qualified immunity. … A finding of qualified immunity is appropriate where: (1) the alleged conduct violated the plaintiff’s constitutional rights, and (2) those rights were clearly established at the time the violation occurred. Sherman v.

Davis v. Pyle

District Court, N.D. Indiana · Nov 19, 2019

Finally, she asserts that summary judgment is appropriate because she is entitled to qualified immunity. … immunity.

Inman v. Neal

District Court, N.D. Indiana · Feb 7, 2020

“Qualified immunity protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of … To overcome a qualified immunity defense, a plaintiff must show the deprivation of a constitutional right, and must also “show that the right was clearly established at the time of the violation.” Id.

Rice v. Genova Products, Inc.

978 F. Supp. 813 · District Court, N.D. Indiana · Jul 11, 1997

A person is physically qualified to drive a commercial motor vehicle if that person— Has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness … Rice has clearly not prevailed on a claim or issue in this litigation, especially in light of the court’s grant of summary judgment in favor of Genova.

Leliaert v. City of South Bend

District Court, N.D. Indiana · Aug 20, 2024

Officers Morgan and Williams mention qualified immunity. … The defense of qualified immunity “shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

Schele v. Porter Memorial Hospital

198 F. Supp. 2d 979 · District Court, N.D. Indiana · Sep 4, 2001

A paramedic is “clearly higher ranking in terms of authority than the EMT” “with respect to the ambulance call and the responsibility of the vehicle.” Choate Dep. at 33. … The Plaintiff also points to Choate’s testimony that paramedics are “in charge” during emergency runs and are clearly higher ranking in terms of authority than EMTs.

Best v. Gary Community School Corporation

District Court, N.D. Indiana · Aug 9, 2024

Defendant Morikis argues that he is entitled to qualified immunity because there is no “clearly established constitutional right” which he is alleged to have violated. … Plaintiff argues that there is no qualified immunity because her rights are clearly established.

Harrison v. City of Fort Wayne

District Court, N.D. Indiana · Mar 31, 2020

Qualified Immunity to Federal Claims Defendants next contend that the Defendant Officers are entitled to qualified immunity because Harrison cannot make out a violation of a clearly established … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Marschand v. Norfolk & Western Railway Co.

876 F. Supp. 1528 · District Court, N.D. Indiana · Feb 10, 1995

NW contends this language clearly precludes Marschand from recovering for any emotional damages not caused by fear for his own safety. … From this listing the Court finds only 5 positions filled in the Ohio/Indiana region that clearly fall under the categories Marsehand claims he is qualified for: four positions with the Railroad police, and one yard clerk

Siderits v. Indiana

830 F. Supp. 1156 · District Court, N.D. Indiana · Sep 8, 1993

, a constitutional limitation on the federal judicial powers established in Article III. … The courts consider numerous factors when determining whether immunity extends to state agencies, including whether the agency has state court immunity and the agency’s powers vis-a-vis the state.

Dartey v. Ford Motor Co.

104 F. Supp. 2d 1017 · District Court, N.D. Indiana · Jul 10, 2000

Thus, Wulpi is clearly qualified by both education and experience to testify regarding metallurgical matters. … See Smith, 215 F.3d 713, 719 (“if [the expert] was merely applying well-established engineering techniques to the particular materials at issue in this case, then his failure to submit those techniques to peer review establishes

Sims v. Marnocha

159 F. Supp. 2d 1133 · District Court, N.D. Indiana · Aug 23, 2001

The doctrine of judicial immunity affords state judges absolute immunity for past judicial acts regarding matters within their court’s jurisdiction, even if their “exercise of authority is flawed by the commission of grave … Sims argues that Judge Marnocha “has admitted he had no jurisdiction,” but Judge Marnocha clearly had jurisdiction to decide whether he had jurisdiction. Mr.

Fabiszak v. The Town of Cedar Lake, Indiana

District Court, N.D. Indiana · Sep 9, 2025

And there is no doubt that an unnecessary kick, after a suspect is under control, violates the suspect’s clearly established rights.”). … The Defendants are not entitled to qualified immunity on either of Bryan’s Fourth Amendment claims because it was clearly established at the time that it is unconstitutional for an officer to use force on someone who was

Scruggs v. Miller

District Court, N.D. Indiana · Apr 21, 2021

The defendants also assert that they are entitled to qualified immunity on these claims for the same reasons. … “Qualified immunity protects government officials from civil liability when performing discretionary functions so long as their conduct does not violate clearly established statutory or constitutional rights of which a

Davis

District Court, N.D. Indiana · Aug 13, 2026

“In determining whether actions taken by government officials enjoy absolute immunity or qualified immunity, the Supreme Court applies a ‘functional approach . . . which looks to the nature of the function performed, … “In contrast, prosecutors acting in the role of administrator or investigator are entitled only to qualified immunity.” Jones, 998 F.3d at 787.

Walker v. Ritchey

District Court, N.D. Indiana · Sep 23, 2022

Lastly, Officer Ritchey argues he is entitled to qualified immunity because “it was not clearly established that hitting an inmate’s hand while holding an object that ultimately travels less than an inch to make contact … Thus, Officer Ritchey cannot avoid trial on grounds of qualified immunity.

Malesevic v. Tecom Fleet Services, Inc.

72 F. Supp. 2d 932 · District Court, N.D. Indiana · Sep 23, 1998

Clearly, neither statement can be interpreted as physically threatening or humiliating. … To establish a prima facie case of race discrimination for failure to hire, the plaintiff must show: (1) he belongs to a protected group; (2) he applied for and was qualified for the position; (3) he was rejected for the

CALUMET BREWERIES v. G. Heileman Brewing Co., Inc.

951 F. Supp. 749 · District Court, N.D. Indiana · Dec 14, 1994

Central typically purchases enough beer 5 from Heileman each month to qualify for the maximum discount, usually $.50., Calumet hardly ever does. … A state law which authorizes an anti-trust violation does not immunize the violator. Midcal, 445 U.S. at 106 , 100 S.Ct. at 943 . (The state supervision requirement has been abandoned for municipal actors.