Case law

Cobb v. Snow

District Court, N.D. Indiana · Nov 6, 2020

. § 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. … “To state a claim under the Rehabilitation Act, [a plaintiff] need only allege that (1) he is a qualified person (2) with a disability and (3) the [public entity] denied him access to a program or activity because of

Carpenter v. City of Fort Wayne, Ind.

637 F. Supp. 889 · District Court, N.D. Indiana · Jun 17, 1986

Thus, the only real question is whether Blake can qualify as “clear precedent” in favor of the five year statute. … Compared to these firefighters, the plaintiffs here have clearly, in the words of the Anton court, “slept on their rights.”

Hendrix v. Evans

715 F. Supp. 897 · District Court, N.D. Indiana · Mar 15, 1989

These statutes provide in full: 11-10-8-2 Establishment of program Sec. 2. … This statute merely establishes the minimum requirements an offender must satisfy in order to qualify for a minimum security release program.

Nichols

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

To establish defamation, a plaintiff must prove the existence of: (1) a communication with defamatory imputation; (2) malice; (3) publication; and (4) damages. Dugan v. Mittal Steel, 929 N.E.2d .184, 187 (Ind. 2010). … Sept. 26, 2012) (collecting Indiana defamation cases and finding “police report was, and is, protected by a qualified privilege”).

Richards v. Ind Dept of Corrs

District Court, N.D. Indiana · Oct 1, 2025

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 … Additionally, a plaintiff can establish intentional discrimination through a showing of deliberate indifference. Lacy v. Cook Cty., Illinois, 897 F.3d 847, 863 (7th Cir. 2018).

Campbell v. Hall

624 F. Supp. 2d 991 · District Court, N.D. Indiana · Mar 17, 2009

In order to qualify for the bona fide error defense, a defendant must make three showings under § 1692k(c): (1) the presumed FDCPA violation was not intentional; (2) the presumed FDCPA violation resulted from a bona fide … Here, Defendant’s March 6, 2006, debt collection letter clearly provides a breakdown of the amounts being collected.

The Trustees of Purdue University v. Vintage Brand, LLC

District Court, N.D. Indiana · Oct 20, 2022

That is, when use of [the] mark does not clearly identify the source of [the] goods and distinguish them from the goods of others; which is required for proper trademark use.” … For example, objecting based on Eleventh Amendment Immunity when the court has addressed the issue twice before, was without merit.

Stewart bey v. Indiana State of

District Court, N.D. Indiana · Jan 21, 2020

Once again, the law in this point is well established. … It is well established, then, that “[p]olice officers have immunity from Indiana tort claims, like intentional infliction of emotional distress, arising from their actions while engaged in law enforcement duties[.]”

Browning v. Flexsteel Industries, Inc.

955 F. Supp. 2d 900 · District Court, N.D. Indiana · Jun 25, 2013

As a corporation, it clearly meets the definition of “enterprise” under § 1961(4). But it need not detain us long because the allegations concerning the DSI enterprise cannot possibly amount to a RICO violation. … The Court will briefly touch on whether each of the alleged acts qualifies as a predicate act under RICO. The claim must also allege that the predicate acts formed a “pattern.”

Grain Dealers Mutual Insurance v. Chief Industries, Inc.

612 F. Supp. 1179 · District Court, N.D. Indiana · Jul 13, 1985

Riggs allegedly established, assembled, and/or erected the model 18-20 grain bin. … The plaintiff apparently argued that the real estate improvement statute conferred special immunity upon builders while discriminating against owners and materialmen without a reasonable basis for doing so. Id.

Midwest Beverage Co. v. Gates

61 F. Supp. 688 · District Court, N.D. Indiana · Jul 18, 1945

The section further provides that the permits shall be renewed annually upon the payment of an annual fee and the giving of bond for as long as the permittee shall be qualified, and that the commission shall not deny or renew … It long has been settled and is now firmly established that the state has the absolute right to regulate or prohibit traffic in intoxicating liquor and that this right stems from the power of the state to regulate the health

Baker v. GTE North Inc.

927 F. Supp. 1104 · District Court, N.D. Indiana · Feb 21, 1996

Voyles clearly was relying on Mr. … (Reference IRS Publication 917: A van with a loaded gross vehicle weight no over 14,000 pounds will qualify if it is clearly marked with permanently affixed decals or with special painting or other advertising associated

International Truck & Engine Corp. v. Dawson International Inc.

216 F. Supp. 2d 754 · District Court, N.D. Indiana · Apr 12, 2002

Thus, the fact that Dawson has not actually sold an allegedly infringing product in Indiana, (Cameron Aff. ¶¶ 5-7), would not immunize it from service under Indiana law. … The defendant has the burden of establishing, by reference to particular circumstances, that the transferee forum is clearly more convenient. Coffey v. Van Dorn Iron Works, 796 F.2d 217 (7th Cir.1986).

McCloud-Smith v. Sormaz

District Court, N.D. Indiana · May 23, 2023

1915A, I 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 … The probable cause affidavit clearly establishes there was probable cause to arrest McCloud-Smith for at least one (and, in reality, many) of the charged crimes.

Davis v. B & S, INC.

38 F. Supp. 2d 707 · District Court, N.D. Indiana · Nov 13, 1998

or exceeds the minimum wage level. § 203(m) also requires an employer to satisfy two other conditions to qualify for the tip credit: The [tip credit] shall not apply with respect to any tipped employee unless such employee … It is well established that an individual can be considered an “employer” under the FLSA. 29 U.S.C. § 203 (d) (“ ‘Employer’ includes any person acting directly or indirectly in the interest of an employer in relation to an

Freeman v. Carter

District Court, N.D. Indiana · Sep 13, 2021

There are three exceptions to Eleventh Amendment immunity: (1) suits directly against the State based on a cause of action where Congress has abrogated the state’s immunity from suit; (2) suits directly against the State … As such, Commissioner Carter and Warden Hyatte are entitled to immunity under the Indiana Tort Claims Act. Moreover, Mr. Freeman doesn’t assert any of the exceptions to the immunity under the Act.

Brookshire v. Elkhart City Police

District Court, N.D. Indiana · Nov 15, 2021

The court needn’t address whether the officers are entitled to qualified immunity because Ms. … Brookshire hasn’t shown that they violated a constitutional or statutory right that was clearly established at the time of the alleged misconduct. See Green v.

Kochert v. Greater Lafayette Health Services, Inc.

372 F. Supp. 2d 509 · District Court, N.D. Indiana · Dec 29, 2004

The evidence in this case establishes clearly that *519 the decision to consolidate the OB unit at SEMC with the unit at HH was made unilaterally by the GLHS without any input from AA. … Furthermore, even if this Court were to revisit this claim, it is clearly without merit. VI.

Spates v. Grant Crizer

District Court, N.D. Indiana · Aug 20, 2019

Local governments and municipalities may qualify as a “person” under § 1983. Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658, 690 (1978). … As the movants on a motion to dismiss, the Defendants have failed to meet the burden of establishing the legal insufficiency of the Plaintiff’s loss of consortium claim. Yeksigian v.

Carson v. Bethlehem Steel Corp.

882 F. Supp. 765 · District Court, N.D. Indiana · Mar 17, 1995

Under McDonnell Douglas, the employee must first establish a prima facie case to create a rebuttable presumption of discrimination. … “[A]n employer is free to choose an objectively less qualified candidate over a more qualified one.” See Courtney, 42 F.3d at 423 .