Case law

Knighten v. Marthakis

District Court, N.D. Indiana · Feb 9, 2023

obtain permanent injunctive relief for constitutionally adequate medical care for his chronic diarrhea and foot warts as required by the Eighth Amendment. 2 Warden Neal also argues he is entitled to qualified … immunity on this claim, but “[q]ualified immunity does not apply to a claim for injunctive relief[.]”

Valbruna Slater Steel Corp. v. Joslyn Mfg. Co.

298 F. Supp. 3d 1194 · District Court, N.D. Indiana · Jan 16, 2018

"When a court cannot assign an ideal measure of monetary responsibility to an otherwise responsible party-because, for example, that party is immune from suit, bankrupt, or defunct-this gives rise to an orphan share. … Valbruna argues that its purchase of known contaminated property without being responsible for the contamination qualifies it as an innocent landowner. [DE 180 at ¶¶ 43, 44].

Janowiak v. Corporate City of South Bend

576 F. Supp. 1461 · District Court, N.D. Indiana · Dec 29, 1983

The moving party bears the burden of clearly establishing the absence of any genuine issues of fact material to judgment in his favor. Adickes v. S.H. … Hiring needs were and are to be met by filling available employment slots with the most qualified applicants from each pool, with a numerical slant in favor of the minority pool’s applicants until the Fire Department’s racial

Ellis

District Court, N.D. Indiana · Mar 5, 2026

. § 1915A, the court must screen the complaint and dismiss it if it 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 from such … Ellis satisfies the first prong because filing a grievance or complaint qualifies as protected activity. Holleman v. Zatecky, 951 F.3d 873, 879 (7th Cir. 2020).

Bundy v. Dollar Tree

District Court, N.D. Indiana · Nov 19, 2024

Here, Plaintiff’s Motion to Proceed In Forma Pauperis [DE 2] establishes that she is unable to prepay the filing fee. … Id., at ¶ 6; • “The facts alleged by Plaintiff clearly identify a dispute arising from the Plaintiff’s purchase of a product called Chap-[e]ze on or about November 24

Wilson v. Walker

District Court, N.D. Indiana · May 23, 2022

To establish such a claim, the prisoner must demonstrate that the defendant “acted with deliberate indifference to his right to refuse medical treatment.” Id. … Wilson’s statement that he was not under the influence of opioids and clearly communicated his desire to refuse Narcan to Nurse Walker and Officer Kubsch.

Woodring v. Culbertson

227 F.R.D. 290 · District Court, N.D. Indiana · Apr 14, 2005

This qualifies as a potential impairment of Cincinnati’s interest and thus satisfies the third requirement for intervention as of right. See Axsom, 684 N.E.2d at 244 . … Indeed, if the Woodrings had originally sued both the Culbertsons and Cincinnati, the Court would clearly lack jurisdiction over their case.

Collins v. Wexford Health of Pittsburgh

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

Lastly, Officer Hufford argues he is entitled to qualified immunity because his conduct was not unconstitutional under clearly established Seventh Circuit precedent. ECF 106 at 5-6. … Collins’ constitutional rights based on clearly established Seventh Circuit precedent. See Turbin, 226 F.3d at 529; Collignon, 163 F.3d at 990; Sanville, 266 F.3d at 737-38.

United States v. Taylor

328 F. Supp. 2d 915 · District Court, N.D. Indiana · Jul 2, 2004

Evid. 804(b)(3) 4 since the statements clearly fall under the hearsay exception that allows hearsay statements of unavailable declar-ants into evidence when the statements are against the declarant’s interest. … Clearly, however, should Defendant Thomas decide to testify, the Confrontation Clause would not be implicated. However, this scenario is beyond the Court’s ability to predict at this time.

Ellis v. Myers

District Court, N.D. Indiana · Sep 4, 2019

Ellis’ constitutional rights, they are entitled to qualified immunity. … right; and (2) whether that constitutional right was clearly established at the time of the alleged violation.

J.L.R. v. Elkhart County

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

As to Plaintiffs’ Eighth Amendment claims brought under § 1983, the Sheriff maintains that although Plaintiff’s initial complaint “clearly acknowledge[ed] the Sheriff was distinct from Elkhart County, plaintiffs did not … Guzorek, 862 N.E.2d 254, 255 (Ind. 2007) (swapping a defendant with immunity for one without immunity).

Westfield Insurance Co. v. Orthopedic & Sports Medicine Center of Northern Indiana, Inc.

247 F. Supp. 3d 958 · District Court, N.D. Indiana · Mar 28, 2017

If the pleadings demonstrate that “a claim is clearly excluded under the policy, then no defense is required.” Id. … Because the panel cannot award damages to the Individual Defendants, the Malpractice Complaints do not qualify as suits seeking damages under the BI/PD or Umbrella BI/PD.

Jefferson v. Bailey

District Court, N.D. Indiana · Jul 20, 2021

To state a claim for failure to protect, a plaintiff must establish “the defendant had actual knowledge of an impending harm easily preventable, so that a conscious, culpable refusal to prevent the harm can be inferred … Yelling at the attackers was clearly not deliberately indifferent. Mr. Jefferson argues Officer Bailey should have also called for assistance from fellow officers.

Reedus v. McDonough

District Court, N.D. Indiana · Dec 18, 2024

However, that does not necessarily establish that Drumm maintained that role in 2019. … (ECF 95-4 at 5).7 Management of credentialing and privileging was clearly a portion of McBride’s occupation.

Huff v. Elkhart County Sheriff

District Court, N.D. Indiana · Apr 19, 2022

These alleged deprivations are not “sufficient collateral consequences” to establish any due process violations. Cochran, 381 F.3d at 641. … Appx. 353, 355 (7th Cir. 2019) (citing Bridges and finding qualified immunity applied to shield the defendant because it had not been clearly established “that a threat to file a grievance was protected”); Cobian v.

Rosenblum v. Warner & Sons, Inc.

148 F.R.D. 237 · District Court, N.D. Indiana · Jan 25, 1993

Discussion The requirement that the party seeking discovery pay an adverse party’s expert for time spent in responding to discovery is well-established. … Moreover, the deposition clearly shows that Mr. Asher offered to have a duplicate of the videotape made himself when he suggested: “... or I can even do it if you break the tabs and satisfy yourself.” Mr.

Wagoner

District Court, N.D. Indiana · Dec 4, 2025

which they assert “is inconsequential to establishing the FCA’s scienter requirements, and would only serve to confuse the issues in this case.” … While it may be true that liability for an FCA claim requires establishing subjective rather than objective knowledge, see United States ex rel. Schutte v.

Norman v. NIPSCO

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

because Plaintiff had not established diversity jurisdiction. … To prevail on a Rule 59(e) motion, “a party must clearly establish (1) that the court committed a manifest error or law or fact, or (2) that newly discovered evidence precluded entry of judgment.”

Parker v. Itodo

District Court, N.D. Indiana · Mar 20, 2023

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 … Constitutionally protected legal mail is limited to mail to or from the inmate’s attorney and clearly identified as such on the envelope. Kaufman v. McCaughtry, 419 F.3d 678, 686 (7th Cir. 2005).

Bergeron v. La Porte County

District Court, N.D. Indiana · Jun 18, 2025

LaPorte County challenges whether his association with his wife qualifies as constitutionally covered speech. … “The party seeking immunity bears the burden of establishing its conduct comes within the Act.” King v. Ne. Sec., Inc., 790 N.E.2d 474, 480 (Ind. 2003).