Case law
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District Court, N.D. Indiana · Mar 3, 2023
established constitutional right, he is entitled to qualified immunity. … City of Muncie, , in which a police officer succeeded on a qualified immunity defense to malicious prosecution because “[t]here is no ‘constitutional right not to be prosecuted without probable cause.’” 499 F.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Jun 17, 2019
In support, they rely upon statements in the police report Schenke has attached to his complaint, but those “facts” are clearly disputed by the complaint’s factual allegations concerning Schenke’s sobriety and behavior … Probable cause and qualified immunity determinations cannot be made at this juncture.
Cited 0 timesUnknownHaywood v. Novartis Pharm. Corp.
298 F. Supp. 3d 1180 · District Court, N.D. Indiana · Jan 16, 2018
Haywood argues that it does because the statute clearly and unambiguously pertains to "any 'person' with patient information." … (c) A pharmacist or pharmacy is immune from civil liability for any action based on its good faith release of information under this section. I.C. 25-26-13-15.
Cited 2 timesPublishedSchlabach v. Secretary of Health, Education & Welfare
469 F. Supp. 304 · District Court, N.D. Indiana · May 23, 1978
Mishkin more clearly articulates the basis for his opinion that the Plaintiff is now, and has been since January, 1975, totally disabled. … and remanded with directions to conduct a new hearing and enter fresh findings on the issue of disability and the actual availability of jobs in the national economy for which this Plaintiff is physically and emotionally qualified
Cited 10 timesPublishedDistrict Court, N.D. Indiana · Jun 12, 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 … Filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. Gomez, 680 F.3d at 866.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · May 14, 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 … He clearly stated the severeness of the pain and suffering that he felt in his abdominal area and asked Officer Rangel to take him to medical. Butler told him, “Something is really wrong!” ECF 5 at 2.
Cited 0 timesUnknownDavis v. Munster Medical Research Foundation, Inc.
213 F. Supp. 3d 1074 · District Court, N.D. Indiana · Sep 30, 2016
Hospital responds that this Corrective Action was clearly warranted. … “To establish a claim for failure to accommodate, a plaintiff must show that: (1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (8) the employer failed to reasonably accommodate
Cited 0 timesPublishedBanks v. Secretary of the Indiana Family & Social Services Administration
790 F. Supp. 1427 · District Court, N.D. Indiana · Apr 2, 1992
The plaintiffs argue that the defendants’ reliance on 42 C.F.R. § 447.15 is misplaced, because that provision immunizes Medicaid recipients from suits by providers only when Medicaid has agreed to cover the service provided … Banks’ file indicated that the bills in question did not qualify for Medicaid reimbursement. ****** 15. On July 18, 1989, Robert Van DenDriessche, Adult Medicaid Supervisor of the St.
Cited 7 timesPublished780 F. Supp. 2d 737 · District Court, N.D. Indiana · Jan 13, 2011
Disability Standard To qualify for Disability Insurance Benefits a claimant must establish that he or she suffers from a disability under the terms of the Social Security Act. … The Social Security Administration established a five step inquiry to evaluate whether a claimant qualifies for disability benefits.
Cited 0 timesPublishedDistrict Court, N.D. Indiana · Aug 10, 2026
Given the Court’s clearly stated plan to allow Mayberry one single final round of written discovery and its clearly stated reasons for doing so, it was not reasonable for Mayberry to delay serving his interrogatories until … immunity; and (4) the evidence is insufficient to obtain injunctive relief under the Religious Land Use Institutionalized Persons Act.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Aug 19, 2021
Tanoos, 865 N.E.2d 593, 597 (Ind. 2007) (“A qualified privilege protects ‘communications made in good faith on any subject matter in which the party making the communication has an interest or in reference to which he … In this case, the Plaintiff’s pleadings do not contain sufficient factual allegations to support the Defendants and Vaughn’s proposed affirmative defense; therefore, the possibility of an immunity defense does not render
Cited 0 timesUnknownMiami Nation of Indians of Indiana v. Babbitt
112 F. Supp. 2d 742 · District Court, N.D. Indiana · Jul 26, 2000
Federal acknowledgment establishes an intergovernmental relationship between the United States and the acknowledged tribe. … The Miamis argue that the Department’s reading of the regulation is clearly erroneous. The court disagrees.
Cited 7 timesPublished583 F. Supp. 1314 · District Court, N.D. Indiana · Apr 4, 1984
The court found that the challenged ordinance was rarely enforced and noted that the constitutional power of the municipality to enact a properly worded curfew was established. Id. … This approach is necessary in part since 42 U.S.C. § 1988 does not operate as a waiver of sovereign immunity by the United States. NAACP v. Civiletti, 609 F.2d 514 (D.C.Cir.1979).
Cited 2 timesPublished203 F. Supp. 2d 1001 · District Court, N.D. Indiana · Mar 25, 2002
established Federal law, as determined by the Supreme Court of the United States,” or (2) “involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States … Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Williams, 120 S.Ct. at 1512 .
Cited 2 timesPublishedDistrict Court, N.D. Indiana · Dec 2, 2025
Whether an act or omission is within the scope of employment for purposes of ITCA immunity is an affirmative defense. … However, in federal court, states and their agencies enjoy Eleventh Amendment immunity. See Katz-Crank v.
Cited 0 timesUnknownResolution Trust Corp. v. O'Bear, Overholser, Smith & Huffer
840 F. Supp. 1270 · District Court, N.D. Indiana · Dec 14, 1993
The stronger argument, however, clearly favors pre-emption. … That premise, and Dawson ’s holding, is clearly inapposite to § 1821(k) claims.
Cited 21 timesPublished102 F.R.D. 924 · District Court, N.D. Indiana · Aug 28, 1984
CIV.P. 23, a class action must satisfy each of the requirements of Rule 23[a] and qualify under at least one of the three subdivisions of Rule 23[b]. … Since a good faith estimate of the number of class members is sufficient to satisfy the numerosity requirement, Borowski, 101 F.R.D. at 61 , and joinder of several hundred people is clearly impractical, this Court deems the
Questioned by In re Storage Technology Corp. Securities Litigation, 113 F.R.D. 113 (1986)Cited 27 timesPublishedDistrict Court, N.D. Indiana · May 25, 2023
At all times, the facility’s qualified medical personnel conducted the screening process. Id. … Pack’s health or safety, the court need not reach her alternative arguments that she is entitled to qualified immunity and that Mr.
Cited 0 timesUnknown31 F. Supp. 3d 986 · District Court, N.D. Indiana · Jul 1, 2014
In retrospect, of course, it clearly would have been easier to give Cloe a permanent underground pass at the outset. But that is only clear in retrospect. … The court has assumed, however, that the standards for proving such a claim would mirror the standards already established for Title VII hostile work environment claims. Id.
Cited 4 timesPublished302 F. Supp. 2d 884 · District Court, N.D. Indiana · Oct 17, 2003
This said, he clearly was incarcerated in September 1984 (and beyond) on the 1983 Offense thereby placing his period of incarceration within the 15 year time period. … Moreover, the court concludes that the criminal activity qualifies as “otherwise ex *898 tensive” under the guidelines.
Cited 2 timesPublished
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