Case law

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  • Sayles v. LaPorte County Jail

    District Court, N.D. Indiana · Apr 24, 2023

    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 addition, the complaint does not establish a basis for Sayles to recover monetary damages for a violation of the ADA or Rehabilitation Act.

    Cited 0 timesUnknown
  • Mapes v. IBJ Media Holdings LLC

    District Court, N.D. Indiana · Sep 16, 2025

    The motion establishes that Mr. Mapes is unable to prepay the filing fee. … The ADA specifically includes an exhaustive list of private entities that qualify as public accommodations. See 42 U.S.C. § 12181.

    Cited 0 timesUnknown
  • Lopez v. Swift

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

    [A] court may dismiss a claim as factually frivolous only if the facts alleged are clearly baseless, a category encompassing allegations that are fanciful, fantastic, and delusional. … Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). Here, nothing in Mr.

    Cited 0 timesUnknown
  • Doe

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

    In particular, in that opinion and order, the Court recognized the City’s “immunity for discretionary training, supervision, and retention of police officers” and immunity for any of Plaintiff’s allegations against the … and telephone number of each witness who will testify regarding the denial or qualified response.”

    Cited 0 timesUnknown
  • Wilson

    District Court, N.D. Indiana · Mar 4, 2026

    or qualified immunity from Wilson’s 42 U.S.C. § 1983 claims; and (2) the failure-to-intervene 3 claim in Count 5 (id. at 27-31, 41-42, 44). … In doing so, Judge Collins afforded Defendants leave to file a revised summary judgment motion whether Hutter and Brelje are entitled to absolute immunity or qualified immunity from Wilson’s § 1983 claims.

    Cited 0 timesUnknown
  • Taifa v. Bayh

    846 F. Supp. 723 · District Court, N.D. Indiana · Feb 11, 1994

    Clearly, the Agreed Entry represents an outcome at least comparable, if not far superior, to that which plaintiffs might achieve by proceeding to trial. … Kashani are well-qualified for their role as class counsel in this litigation.

    Cited 10 timesPublished
  • Szabo v. Bridgeport Machines, Inc.

    199 F.R.D. 280 · District Court, N.D. Indiana · Jan 12, 2001

    Secondly, the court determines whether the action qualifies for class treatment under at least one of the subdivisions of Rule 23(b). Daniels v. Fed. … Clearly, Bridgeport’s interpretation of Supreme Court law is a bit myopic.

    Cited 1 timesPublished
  • Burks-Bey v. Stevenson

    328 F. Supp. 2d 928 · District Court, N.D. Indiana · Jul 12, 2004

    the 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 … This search clearly did not single out Muslims since it was both over and under inclusive of that group. Mr.

    Cited 2 timesPublished
  • Chandler v. Neal

    District Court, N.D. Indiana · Apr 19, 2023

    Third, the defendants argue they are entitled to qualified immunity because their conduct was not clearly unconstitutional, as they used force in good faith to restore order. Id. at 12-14. … Chandler’s version of events and conclude the defendants clearly violated his Eighth Amendment rights by slamming him into a wall and preventing his breathing until he blacked out.

    Cited 0 timesUnknown
  • Beard v. Whitley County REMC

    656 F. Supp. 1461 · District Court, N.D. Indiana · Mar 19, 1987

    None of the plaintiffs have taken any seminars to help train or qualify them for positions in the trades and crafts group. … The record clearly establishes the fact that trades and crafts jobs and office and clerical jobs are dissimilar.

    Cited 12 timesPublished
  • Indiana Gas Co., Inc. v. Aetna Cas. & Surety Co.

    951 F. Supp. 780 · District Court, N.D. Indiana · Oct 2, 1996

    This case law clearly supports LMI’s position. … Rather, under the definition leaching or migration would qualify as the “happening or series of happenings arising out of ... [the] event.”

    Vacated on other grounds by Indiana Gas Company, Inc. v. Home Insurance Company, 141 F.3d 314 (1998)Cited 7 timesPublished
  • Mauke v. Town of Dune Acres

    835 F. Supp. 468 · District Court, N.D. Indiana · Oct 6, 1993

    , may not enforce the laws or ordinances of the state or any political subdivision unless the officer has, within one (1) year from the date of appointment, successfully completed the minimum basic training requirements established … Since the Plaintiff was appointed as Deputy Town Marshal in 1965, he qualifies for the exception for officers appointed before July 6, 1972.

    Cited 0 timesPublished
  • Arnett v. Tuthill Corp., Fill-Rite Div.

    849 F. Supp. 654 · District Court, N.D. Indiana · Mar 30, 1994

    However, she is incorrect when she characterizes her evidence as direct, for it is clearly circumstantial. … Jenkins’ and Clemens’ testimony clearly establishes that Clemens made the requisite comparison of Burns and Arnett. (Clemens Dep., p. 42-44; Jenkins Dep., pp. 44-48). He then made his recommendation to Jenkins.

    Cited 3 timesPublished
  • Ybarra v. Wexford of Indiana LLC Director

    District Court, N.D. Indiana · Mar 21, 2025

    Ybarra states that the x-ray images “clearly show” two foreign bodies, he has not provided any evidence to contradict the radiologists’ conclusions that both x-rays came back negative. … He cannot now qualify for equitable tolling to raise these claims late. Though the statute of limitations is an affirmative defense, “a plaintiff can plead himself out of court.

    Cited 0 timesUnknown
  • Lopez v. Olsen

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

    . § 1915A, the court 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 … Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002).

    Cited 0 timesUnknown
  • Moore v. Parke

    968 F. Supp. 1338 · District Court, N.D. Indiana · Jun 25, 1997

    Thus, this court must determine whether the state court’s reliance on Weatherford qualifies as an adequate and independent state ground to warrant a finding of procedural default. 1 As a general rule, federal district courts … Again, a careful review of the record in this case clearly shows that Moore has failed to sufficiently establish that a finding of procedural default on these claims will result in a fundamental miscarriage of justice in

    Cited 3 timesPublished
  • Stevens v. McBride

    492 F. Supp. 2d 928 · District Court, N.D. Indiana · Jan 13, 2005

    The clearly established law on the Sixth Amendment was presented in Strickland v. … These cases do not constitute clearly established law as to the question of stun belts.

    Cited 0 timesPublished
  • Wanke v. Lynn's Transportation Co.

    836 F. Supp. 587 · District Court, N.D. Indiana · Jun 8, 1993

    so much of it as is true and qualify or deny the remainder. … An inaccurate answer clearly and definitively made is not an insufficient answer under Rule 36(a). If the defendants believe Mrs.

    Cited 18 timesPublished
  • Garman v. United States Postal Service

    509 F. Supp. 507 · District Court, N.D. Indiana · Mar 16, 1981

    Plaintiff has been given ninety (90) days from February 25, 1981 in which to qualify on the “scheme.” How long it takes plaintiff to pass depends on how fast plaintiff can learn the scheme. … The infringement of plaintiff’s alleged religious First Amendment rights is clearly justified by the compelling interests of the Postal Service and the public.

    Cited 5 timesPublished
  • Miller v. United States

    669 F. Supp. 906 · District Court, N.D. Indiana · Sep 3, 1987

    I request complete immunity per U.S.C. 18 6002 & 6004. Before waiving any Constitutional or natural rights. Including 4th & 5th Amendment rights. Please Help! … As discussed below, because Miller’s constitutional objections are clearly spurious, his 1984 tax return is frivolous within the meaning of section 6702 because it “is contrary to established law and unsupported by a reasoned

    Cited 6 timesPublished

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