Case law

Cumis Insurance Society, Inc. v. South-Coast Bank

587 F. Supp. 339 · District Court, N.D. Indiana · May 29, 1984

The foregoing facts establish that First United acted as South-Coast’s agent, and South-Coast is bound by the acts of its agent. … Though there are several tests to determine where a claim arose for purposes of venue, none has emerged as being clearly preferable, 2 particularly when a claim has arisen in more than one district.

Clinton v. Steel Warehouse Co LLC

District Court, N.D. Indiana · Mar 24, 2022

The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements. … Freedom From Religion Found., Inc., 551 U.S. 587, 593 (2007) (“It has long been established, however, that the payment of taxes is generally not enough to establish standing to challenge an action taken by the Federal

Economan v. Cockrell

District Court, N.D. Indiana · Nov 23, 2020

Sovereign immunity. … , privileges or immunities secured by the Constitution. . . .

Pack v. Galipeau

District 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.

St. Joseph Hospital v. Heckler

570 F. Supp. 434 · District Court, N.D. Indiana · Aug 19, 1983

Congress could easily have added the adjective “health” or the qualifier “supplied at the request of the patient” at any time to § 1395y(a)(6). … The Florida Group Appeal on which plaintiff relies presents no evidence to establish that there is any physiological benefit to having a telephone in a patient’s room.

Allstate Ins. Co. v. Mccolly Realtors, Inc.

296 F. Supp. 3d 947 · District Court, N.D. Indiana · Oct 31, 2017

If the pleadings demonstrate that "a claim is clearly excluded under the policy, then no defense is required." Newnam, 871 N.E.2d at 401 . … In the instant motions, the parties do not address the issue of whether Lockhart qualifies as an insured under the Policy.

United States v. Cooley

119 F. Supp. 2d 824 · District Court, N.D. Indiana · Oct 25, 2000

Upon witnessing Cooley commit the traffic violation of failing to signal, Ind.Code § 9-21-8-25 (1992), when he turned right onto Washington Street, the police clearly had probable cause to believe a traffic violation had … The Illinois Local Government Tort Immunity statute does not impose a duty on the police to protect the property of individuals from tort or crime.

Perkins

District Court, N.D. Indiana · Jan 29, 2026

a constitutional violation for purposes of either of the § 1983 claims; that Officer Widen is entitled to qualified immunity; that the Americans with Disabilities Act (ADA) does not apply to law enforcement activities; … and that because the force used was not excessive, plaintiff cannot establish a cause of action for wrongful death or respondeat superior.

Smith v. Logansport Community School Corp.

139 F.R.D. 637 · District Court, N.D. Indiana · Dec 3, 1991

Plaintiffs’ answers to LCSC’s interrogatories are evasive and clearly insufficient. It is well-established that an answer to an interrogatory “must be responsive to the question. … Clearly, it would make no sense to require such a formality, especially in light of the liberal objectives of discovery.

Herzog v. Burton

District Court, N.D. Indiana · Sep 2, 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 … Herzog has plausibly alleged a due process violation based on unconstitutionally vague jail rules that don’t clearly define what conduct is prohibited.

Logan v. Quality Care

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

. § 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 … He states that he had a “diet consult” with an unidentified person in mid-August 2022, and was told he did not qualify for a special diet because he had gained two pounds since his arrival at the jail.

Galateanu

District Court, N.D. Indiana · Feb 23, 2026

Unit Team Manager (UTM) Dennis Hood asked him to “establish and facilitate the Narcotics Anonymous Program.” ECF 1 at 3. Galateanu did so the next month. … He subsequently “established, helped facilitate, and work[ed] for Mr.

Coats v. Kraft Foods, Inc.

12 F. Supp. 2d 862 · District Court, N.D. Indiana · Jun 17, 1998

Clearly, however, the plaintiffs are mistaken on this point. … Clearly, the plaintiffs were required to plead exhaustion or futility of exhaustion of their § 510 claim.

Estate of Wyatt Beckler v. City of Fort Wayne

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

Section 1983 “Section 1983 provides a federal cause of action for the deprivation, under color of law, of a citizen’s ‘rights, privileges, or immunities secured by … Section 1983 states that “[e]very person who . . . subjects . . . any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the

Bodemer v. Swanel Beverage, Inc.

884 F. Supp. 2d 717 · District Court, N.D. Indiana · Jul 31, 2012

Additionally, Swanel rents beverage dispensing equipment to restaurants, bars, and other establishments. Swanel’s primary energy drink is a product called “Banzai Energy Blast.” … However, if the covenant is clearly separated into parts and some parts are reasonable and others are not, the contract may be held divisible.

Ybarra v. Indiana Dep't of Corrections

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

“[I]n order to state a section 1983 claim against prison officials for failure to protect, [a plaintiff] must establish: (1) that he was incarcerated under conditions posing a substantial risk of serious harm and (2) … Casey, 518 U.S. 343, 350 (1996), Counselor Taylor’s response on behalf of Deputy Warden Payne clearly did not prevent him from filing a complaint and initiating this lawsuit.

Wampler v. Commissioner of Social Security

District Court, N.D. Indiana · May 4, 2022

The ALJ already recognized that migraine disorder was a medically determinable impairment so clearly 16 found sufficient evidence to establish that fact … Therefore, there is involvement of at least three body systems (immune, neurologic, and musculoskeletal).

Powers v. CENTENNIAL COMMUNICATIONS CORP.

679 F. Supp. 2d 918 · District Court, N.D. Indiana · Dec 14, 2009

I also denied Powers’ request to certify to the Indiana Supreme Court the question of whether that exemption was constitutional under Indiana’s Privileges and Immunities clause. Id. … In the example above, if Powers did not work enough , hours in December to qualify for overtime, she would not have to be paid any overtime despite putting in the extra .hours earlier in June.

Miller v. Purdue University

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

To establish the second element of her prima facie case, Miller must show that she was qualified for the Engineering position. … The court cannot say that the competing qualifications are so favorable to Miller that there is no dispute that she clearly was better qualified for the position.

Carson v. McGuinness

District Court, N.D. Indiana · Mar 9, 2020

Plaintiff also sued Joe McGuinness in his official capacity as the Commissioner of INDOT, invoking the Ex parte Young exception to the State’s sovereign immunity. … The text messages suggested that Plaintiff communicated his opinion that Farlow was clearly the most qualified candidate.