Case law

Koppie v. Busey

832 F. Supp. 1245 · District Court, N.D. Indiana · Aug 4, 1992

To establish a genuine issue of fact the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … Koppie, therefore has failed to establish any link between the FAA’s actions and any damages he claims to have suffered. His claim must therefore fail. 2.

Martin v. Herb

District Court, N.D. Indiana · Sep 16, 2020

IFP Status Because it appears that Plaintiff qualifies to proceed without the pre-payment of filing fees, his Motion to Proceed in Forma Pauperis is GRANTED. … Martin clearly has grievances. He believes that he has been wronged by numerous individuals and entities across decades.

Williams v. Martinez

District Court, N.D. Indiana · Feb 5, 2020

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 … To establish a violation of the right to access the courts, an inmate must show that unjustified acts or conditions (by defendants acting under color of law) hindered the inmate’s efforts to pursue a non-frivolous legal

United States v. Grimm

865 F. Supp. 1303 · District Court, N.D. Indiana · Oct 26, 1994

Grimm, Sr.’s will does not provide for the establishment of a spendthrift trust or a discretionary trust, but for the establishment of a support trust. … The law applicable is clearly stated in Clay v.

Mapes v. Cable One

District Court, N.D. Indiana · Aug 11, 2022

Nevertheless, 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.

Resnover v. Pearson

754 F. Supp. 1374 · District Court, N.D. Indiana · Jan 14, 1991

What is known and is clearly established by the evidence is that this petitioner was an active, willing participant in the killing of this police officer in the line of duty. … The decision of the state courts very clearly establish that this petitioner had the requisite knowledge that this victim was a police officer.

Knarr v. Board of School Trustees of Griffith, Indiana

317 F. Supp. 832 · District Court, N.D. Indiana · Sep 25, 1970

the policy that a board’s duty to hire teachers requires more than merely appointing licensed instructors; it demands that permanent appointments be made only if the teachers are found suitable for the positions after a qualifying … The evidence, however, clearly showed that membership and active participation in the union was in no way a barrier to employment or promotion in the Griffith school system.

Dwyer v. Neal

District Court, N.D. Indiana · Feb 15, 2022

“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 … 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.

Biomet, Inc. v. Smith

238 F. Supp. 2d 1036 · District Court, N.D. Indiana · Dec 23, 2002

Therefore, Smith need only establish a defamatory statement that was published and damages. … Absolute privilege provides judges, attorneys, parties and witnesses, in connection with a judicial proceeding, immunity from liability even if they publish defamatory material with an improper motive.

Lake County Department of Public Welfare v. Marino (In Re Marino)

29 B.R. 797 · District Court, N.D. Indiana · Apr 26, 1983

Appellant argues that the welfare department is clearly not the debtor’s spouse or child and, therefore, the debt is not within § 523(a)(5)’s nondischargeable exceptions. … This qualifying clause did not appear in section 17(a)(7) of the Bankruptcy Act, and represents a significant change.

Merriweather v. Parks

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

This is so because the competence of a layman is clearly too limited to allow him to risk the rights of others.” Fymbo v. … The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements.

Jordan Manufacturing Co. v. Brittany Dyeing & Printing Corp.

822 F. Supp. 2d 848 · District Court, N.D. Indiana · Sep 30, 2011

Because there are facts genuinely in dispute that could establish that Brittany has a lien against Jordan Manufacturing’s property, the Court DENIES the motion. … First, whether storage and handling fees are a trade custom, and whether Jordan was or should have been aware of this, are clearly facts in dispute.

Ybarra v. Indiana Dep't of Corrections

District Court, N.D. Indiana · Jul 30, 2021

The defendants also argue Counselor Wilson is entitled to qualified immunity because “it is not clearly established that reviewing an offender’s complaint, interviewing the offender twice but simply being unable to verify … Benjamin, 293 F.3d 1030, 1037 (7th Cir. 2002) (holding that “a defendant may not avoid trial on the grounds of qualified immunity” if there are genuine issues of fact regarding the elements of the deliberate-indifference

Bowes-Northern v. Patel

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

It should be noted that even if they did violate Plaintiff’s rights, Defendant Hammer and the Porter Defendants cannot be held liable because they are entitled to qualified immunity. Harlow v. … Government officials are entitled to qualified immunity if their conduct aligned with what a reasonable person would believe to be lawful behavior. Id. at 818.

Matthews v. Grant County

District Court, N.D. Indiana · Jul 25, 2023

. § 1915A because he sued defendants who were immune from suit and because the complaint did not state any viable claims upon which relief may be granted. ECF 5. … In his current motion, evidence in the record that clearly establishes a manifest error of law or fact.” Matter of Prince, 85 F.3d 314 (7th Cir. 1996); Deutsch v. Burlington N. R.R.

Ray v. Indiana & Michigan Electric Co.

606 F. Supp. 757 · District Court, N.D. Indiana · May 11, 1984

The Fort Wayne municipal utility thus established is known as “City Light.” 9. … Because I & M was clearly a party to Mishawaka this prerequisite is not in doubt and will not be discussed in the text. 4 .

Chami v. Provident Life & Accident Insurance

188 F. Supp. 2d 1084 · District Court, N.D. Indiana · Feb 5, 2002

A secondary objective of ERISA is to provide employers with an incentive to establish and maintain employee benefits plans. … Since diversity jurisdiction clearly exists in this action, the matter presently before the court has no jurisdictional implications. 6 . This part of the Demars opinion is dictum.

Beaver v. Foamcraft, Inc.

181 F. Supp. 2d 968 · District Court, N.D. Indiana · Jan 7, 2002

The burden of establishing a lack of any genuine issue of material fact rests on the movants. Wollin v. Gondert, 192 F.3d 616, 621-22 (7th Cir.1999); Essex v. … The nonmovants, however, must make a showing sufficient to establish any essential element for which they will bear the burden of proof at trial. Celotex Corp. v.

Dawson v. Pastrick

441 F. Supp. 133 · District Court, N.D. Indiana · Nov 15, 1977

. § 1343 (3), — to redress a deprivation under color of law of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons … While the plaintiffs have established their case, their victory is neither complete nor total. The defendants have also prevailed on certain issues.

Mayberry v. Reagle

District Court, N.D. Indiana · Oct 3, 2024

. § 1915A, the court must review the complaint and dismiss it if the action is frivolous or malicious, fails to state a claim, or seeks monetary relief against a defendant who is immune from such relief. … With respect to his diet, he is specifically concerned about peanut butter and jelly sandwiches because he lacks sufficient information regarding their ingredients to determine whether they qualify as halal.