Case law

Ross v. City of Fort Wayne Board of Public Safety

590 F. Supp. 299 · District Court, N.D. Indiana · Dec 6, 1983

Second, plaintiff was qualified — in fact more qualified than several of the other candidates who were ultimately granted a position in the Academy. Third, despite being qualified, plaintiff was not offered a position. … To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence the reasons for the plaintiff’s rejection.

Hendrix v. Faulkner

525 F. Supp. 435 · District Court, N.D. Indiana · Oct 21, 1981

Strickland rule, the immunity defense would be unavailing to [the prison officials] if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or … Saxbe in April 1980 was it “clearly established” that due process required documented support in the administrative record for a decision not to call witnesses.

Balzer v. American Family Insurance

805 F. Supp. 2d 618 · District Court, N.D. Indiana · Mar 28, 2011

do not conclusively agree or establish that the Plaintiffs vertigo was a result of his accident. … Proof that a tort was committed is not sufficient to establish the right to punitive damages. Id.

James v. National Business Systems

721 F. Supp. 169 · District Court, N.D. Indiana · Sep 25, 1989

However, the uncontradicted testimony of Tofany, Morrison and James clearly establishes that one of the provisions Raymond wanted in the plan was for an interest in the plan to immediately vest in the executives should Raymond … The letter Tofany drafted was actually dated December 21, 1988, but the testimony at trial clearly established that was a typographical error and the actual date was December 21, 1987. 8 .

Delee v. City of Plymouth

11 F. Supp. 3d 893 · District Court, N.D. Indiana · Mar 31, 2014

employer of the person to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan in effect at the commencement of such service or established … Thus, while the rate (i.e., $225 times years of employment) of Plymouth’s longevity pay is plainly a seniority benefit, the amount of Plymouth’s longevity pay due to be paid for any given year is clearly intended to be compensation

Olson v. Paine, Webber, Jackson & Curtis, Inc.

627 F. Supp. 1317 · District Court, N.D. Indiana · Feb 3, 1986

In 1984 plaintiff Martha Olson (Olson) established an account with the defendant Paine, Webber, Jackson & Curtis, Inc. (Paine Webber) for the trading of commodities. … New § (b)(4) requires that “the customer will have the opportunity to elect a qualified forum for conducting the [arbitration] proceeding.”

United States v. Best

214 F. Supp. 2d 897 · District Court, N.D. Indiana · Aug 7, 2002

Accordingly, Defendant has failed to establish a violation of the Sixth Amendment’s fair cross-section requirement. … In reaching that conclusion, the Seventh Circuit reasoned that although “Congress wanted to make it possible for all qualified persons to serve on juries, [that] is different from forcing all qualified persons to be available

Jones

District Court, N.D. Indiana · Sep 3, 2026

Plaintiff is a qualified individual with a disability. … To the extent any time gap does exist between Plaintiff’s FMLA leave and the alleged retaliation, the Amended Complaint does not clearly reveal it.

Regan v. City of Hammond

331 F. Supp. 3d 798 · District Court, N.D. Indiana · Jul 25, 2018

General public safety by ensuring contractors are qualified to do the work and are aware of safety regulations; 2. … Plaintiffs also make a cursory argument that the ordinances violate the Privileges and Immunities Clause. However, the court declines to consider this argument as part of their motion for summary judgment.

Ohio Casualty Insurance v. Herring-Jenkins

830 F. Supp. 2d 566 · District Court, N.D. Indiana · Nov 18, 2011

These factors “may establish the existence of a relationship between the individual and the insured automobile.” Id. … The deputy, in contrast, had clearly been using the vehicle prior to positioning it to control the scene.

Affeldt v. Whitcomb

319 F. Supp. 69 · District Court, N.D. Indiana · Oct 20, 1970

. § 29-3426 (Burns’ Repl.1969) and Ind.Const. art. 2, § 2 in order for an Indiana resident to be qualified to vote, defendant Ruge refused to allow Don Affeldt to register. … While plaintiffs state that they do not challenge the right of Indiana to establish reasonable standards of residence, 2 they do contest its right to establish in the above statutory and constitutional provisions a six-month

Plaka v. Drinski

811 F. Supp. 1356 · District Court, N.D. Indiana · Jan 15, 1993

Alternatively, Drinski argues that he is entitled to qualified immunity. Newton County argues that it is entitled to summary judgment on the ground that there is no constitutional violation. … Clearly, they had probable cause to believe that their lives were in danger if they did not return Ruhl’s fire. 763 F.Supp. at 396 .

Zimmerman v. Hoard

5 F. Supp. 2d 633 · District Court, N.D. Indiana · Mar 25, 1998

The court dismissed this claim because under § 1983, courts may consider only alleged deprivations of rights, privileges, or immunities secured by the Constitution and laws of the United States. Cosines v. … Some of the factual allegations clearly deal only with other inmates, and at several points in his amended complaint, Mr. Zimmerman appears to be attempting to present claims which impacted only on other inmates.

Merhow Industries, Inc. v. United States

517 F. Supp. 1221 · District Court, N.D. Indiana · Jul 14, 1981

Clearly, there are exceptions to the full payment rule. … And as a waiver of sovereign immunity section 1346 is to be strictly construed. United States v. Michel, 282 U.S. 656 , 51 S.Ct. 284 , 75 L.Ed. 598 (1931).

Howey Ex Rel. Howey v. Tippecanoe School Corp.

734 F. Supp. 1485 · District Court, N.D. Indiana · Jan 26, 1990

A qualified occupational therapist and a qualified physical therapist must be used. If the school has qualified personnel (Zander and McCoy), they may be utilized. … Occupational therapy and physical therapy must be provided by qualified personnel.

Burris v. Parke

948 F. Supp. 1310 · District Court, N.D. Indiana · Dec 26, 1996

A review of Section 35-50-2-9 of the Indiana Code clearly establishes that the Indiana death penalty statute applies equally to all criminal defendants that are charged with a capital crime. … A review of the post-trial procedural background of this case clearly establishes that Mr.

Schott v. Hepler

101 F.R.D. 99 · District Court, N.D. Indiana · Mar 20, 1984

As the facts clearly show, plaintiff brought a suit in state court against the Board which suit was dismissed with prejudice by stipulation of the parties. … This court also notes, without deciding, that the Sheriff may enjoy immunity from damages under § 1983 for actions taken in his official capacity by virtue of the Eleventh Amendment. Buxton v.

Schmucker v. Johnson Controls, Inc.

90 F. Supp. 3d 786 · District Court, N.D. Indiana · Mar 2, 2015

Thus, RCRA gave an option to facilities like Johnson Controls that initially qualified as treatment, storage, or disposal facilities to cease the activities that qualified them for that designation and become subject to regulation … Datacard is binding precedent on the applicability of the statutory notice and delay provisions to a “hybrid” complaint, meaning a complaint that contains “both a citizen suit claim subject to RCRA’s delay period and one immune

Talley-Smith

District Court, N.D. Indiana · Feb 12, 2026

As an investigator for the Indiana Department of Workforce Development, Walcott does not qualify as Talley- Smith’s employer. … May 3, 2017) (finding DWD’s rulings, orders, and case-management directions were clearly judicial in nature and within the scope of DWD’s jurisdiction, so protected by quasi- judicial immunity).

Curler v. City of Fort Wayne

591 F. Supp. 327 · District Court, N.D. Indiana · Jun 29, 1984

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence the reasons for the plaintiff’s rejection. … At trial it was established, both through the testimony of Mr.