Case law

Gaus v. COUNTY OF WELLS, IND.

620 F. Supp. 1462 · District Court, N.D. Indiana · Nov 6, 1985

Boonstra, was dismissed on October 31, 1984 on the basis *1465 of immunity. Accordingly, the court need only focus on the allegations concerning the remaining defendants. … Applying the foregoing analysis to the facts of this case clearly indicates that plaintiffs claims are barred by the applicable statute of limitations.

Fitzpatrick v. City of Fort Wayne

679 F. Supp. 2d 947 · District Court, N.D. Indiana · Dec 22, 2009

In fact, it is undisputed that he viewed it at the scene and noted D.F. running into the restroom and then running out, establishing to a certainty that D.F. was in the restroom at the time of the beating. … In a false arrest case, a police officer is entitled to qualified immunity if “a reasonable officer could have mistakenly believed that probable cause existed." Williams v.

Schneider v. Bahler

564 F. Supp. 1449 · District Court, N.D. Indiana · Jun 2, 1983

Lun-dy, 667 F.2d 1198 (5th Cir.1982), Judge Goldberg stated at page 1201: It is well-established that whites have a cause of action under Section 1982 when discriminatory actions are taken against them because of their association … Under this analysis, a plaintiff must prove: 1) . that he or she is a member of a racial minority; 2) . that he or she applied for and was qualified to rent or purchase certain property or housing; 3) that he or she was rejected

United States v. Chesapeake & Ohio Railway Co.

399 F. Supp. 480 · District Court, N.D. Indiana · May 29, 1975

Plaintiffs contend that the only terminals which would qualify as “designated terminals” for this crew would be Stevens, Kentucky, and Peru, Indiana. … Clearly, the term “designated terminal” means more than any place with suitable facilities chosen by management.

Falls v. Town of Dyer

714 F. Supp. 986 · District Court, N.D. Indiana · Jun 24, 1988

Applying the reasoning and result of the majority in Rakovich (joined by eight judges without reservation) leads clearly and only to the decision here that all of these defendants, save the Town of Dyer, are entitled to immunity … Because of the interplay between the standards for immunity provided in Harlow v.

Gibson v. Koons

District Court, N.D. Indiana · Dec 12, 2024

Lastly, Casework Manager Koons argues she is entitled to qualified immunity because she did not order Gibson be dragged on his injured feet. [DE 93] at 20-22. … Thus, Casework Manager Koons is not entitled to qualified immunity on this claim. III.

Rogers v. Anderson

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

Qualified immunity Finally, the State Defendants argue, that they are entitled to qualified immunity. … Accordingly, the State Defendants are entitled to qualified immunity as to all of Roger’s § 1983 claims. b.

Stahl v. East Porter County School Corp.

981 F. Supp. 2d 805 · District Court, N.D. Indiana · Nov 4, 2013

The motion must be accompanied by an affidavit of the offeror or the offeror’s attorney establishing the amount of the attorney’s fees and other costs and expenses *815 incurred by the offeror after the date of the qualified … to the recipient than the terms of the qualified settlement offer”).

United States v. Beaman

128 F. Supp. 2d 1188 · District Court, N.D. Indiana · Jan 16, 2001

Thus, while it has not specifically dealt with the burden of proof concerning U.S.S.G. § 2S1.3(b)(l)-(2), the Seventh Circuit has clearly established that the defendant bears the burden of proof when seeking a downward departure … Beaman does not qualify for a sentence reduction under § 2S1.3(b)(2)(D).

Michigan City v. Hays-Republic Corporation

District Court, N.D. Indiana · Sep 28, 2020

The standard for whether an objectively reasonable basis exists is not unlike the standard determining qualified immunity for state officials. See Wolf, 574 F.3d at 411. … “[J]ust as the qualified immunity doctrine attempts to protect zealous law enforcement, the removal statute encourages litigants to make liberal use of federal courts, so long as the right to remove is not abused.”

Miller v. United States

577 F. Supp. 980 · District Court, N.D. Indiana · Jan 20, 1984

At the top of page one of the purported return, the plaintiff requested immunity before waiving his constitutional rights. … Finally, the § 6702 penalty can “be imposed against any individual filing a ‘return’ showing an incorrect tax due, or a reduced tax due, because of the individual’s claim of a clearly unallowable deduction.”

Isabell v. Trustees of Indiana University The

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

Dobrzykowski is barred by qualified immunity. … Ct. 548, 551 (2017) (“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”)

Caldwell v. Jones

513 F. Supp. 2d 1000 · District Court, N.D. Indiana · Sep 19, 2007

In short, the facts alleged do not establish a violation of the Fourth Amendment. Id. at 649-50 , 83 S.Ct. 1441 (emphasis added) (citation omitted) (citing Williams v. … , whether absolute or qualified, extends to quasi-judicial proceedings such as hearings held by the board of trustees of a school corporation.

Douglas v. Pickens

District Court, N.D. Indiana · May 1, 2023

Lastly, all defendants argue they are entitled to qualified immunity because their conduct was not clearly unconstitutional. ECF 99 at 11-12. … Thus, the defendants cannot avoid trial on the grounds of qualified immunity.

Thomas v. City of Michigan City

151 F. Supp. 3d 869 · District Court, N.D. Indiana · Dec 16, 2015

[DE 76 at 2,] But that is of no matter, as the video clearly shows that Thomas did not come to a complete stop. … It may be the case' that she was not qualified when she first applied (as Strader and Zonder testified) or that there were other applicants who were simply more qualified than Hales and they were hired first.

Rosemond v. Cooper Industrial Products

612 F. Supp. 1105 · District Court, N.D. Indiana · Jul 9, 1985

Rosemond’s skills and background qualified her for those other positions as well as qualifying her for the position of computer operator at Cooper. Rosemond’s first day of work was December 27, 1982. … Plaintiff is clearly entitled to such relief.

Haro v. County of Porter Indiana

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

Qualified Immunity Defendant Bradley argues that she is entitled to qualified immunity. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Rivas-Villegas v. Cortesluna, 142 S.

Porter v. Starks

District Court, N.D. Indiana · Feb 5, 2024

270 F.3d 1129, 1131–32 (7th Cir. 2001) (in case where plaintiffs paid the filing fee: “We have warned that sua sponte dismissals without prior notice or opportunity to be heard are hazardous and that unless the defect is clearly … By contrast, a claim of unconstitutional conduct by a police officer, while also subject to some immunity (it’s called qualified immunity), is more likely to have some legs to it.

Menges v. Depuy Motech, Inc.

61 F. Supp. 2d 817 · District Court, N.D. Indiana · Jun 11, 1999

McKenzie’s credentials qualified him as an expert his opinion is unreliable. … To establish a product defect in this case, Menges offers the testimony of Dr. Alexander, Ph.D. 8 Dr.

White v. Shalala

823 F. Supp. 621 · District Court, N.D. Indiana · May 19, 1993

White must be “disabled” in order to qualify for the benefits she requests. … With all of this in mind, the Seventh Circuit established a test for a plaintiff to establish disability under the Act. Ms.