Case law
Opinions from 1658 to today.
1,515 results
0.59s
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).
Cited 0 timesUnknownDistrict 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.”
Cited 0 timesUnknownDistrict Court, N.D. Indiana · May 31, 2023
Upon careful review of relevant caselaw, this court cannot find that the State court contradicted or unreasonably applied clearly established law as determined by the Supreme Court of the United States. … “[I]t is not an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.” Knowles v.
Cited 0 timesUnknown40 F. Supp. 2d 1020 · District Court, N.D. Indiana · Apr 2, 1998
Conduct that involves substantial planning is clearly not a single, “spontaneous and thoughtless act.” See United States v. … Szarwark has shown nothing more than that which innumerable defendants could establish; namely, that the imposition of a prison sentence normally disrupts parental relationships.
Cited 0 timesPublishedFreeland v. Enodis Corp. (In Re Consolidated Industries Corp.)
292 B.R. 354 · District Court, N.D. Indiana · Dec 9, 2002
The Trustee has established this element of his claim. b. … The Trustee argues that Welbilt’s payment of debts for which it was already obligated does not qualify as new value under the Code. 11 U.S.C. § 547 (a)(2).
Cited 12 timesPublishedStahly v. Amalgamated Transit Union, Local 996
3 F. Supp. 3d 720 · District Court, N.D. Indiana · Mar 3, 2014
Moreover, proceeding under the indirect method, Stahly cannot establish a prima facie case. … In any event, the comments are clearly not severe or pervasive, and Stahly’s vague and con-clusory allegations that she was “harassed” by Braylock or “set up” simply do not establish that the conduct Stahly was subjected
Cited 4 timesPublishedDistrict Court, N.D. Indiana · Jun 6, 2024
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 … Complaints about the actions of food service, medical, and correctional staff are clearly appropriate to the Offender Grievance Process.
Cited 0 timesUnknownDedrick Johnson v. Johnston and Galipeau
District Court, N.D. Indiana · May 20, 2026
Johnson’s deposition, his prison records, and affidavits from themselves and Unit Team Manager Philip Sonnenberg, which establish certain facts. On January 13, 2023, Mr. … Johnson cannot satisfy either the objective or subjective component of his conditions-of- confinement claim and, regardless, they are entitled to qualified immunity. In his response, Mr.
Cited 0 timesUnknown646 F. Supp. 286 · District Court, N.D. Indiana · Jun 27, 1986
he was aged 40 to 70, (2) that he was qualified for the position, (3) that he was terminated, and (4) that he was replaced in his position by a younger person. … The record on summary judgment does not clearly disclose the extent to which the cost factor influenced Rand’s decision to discharge Haydon.
Cited 2 timesPublishedDavidson v. Caravan Facilities Management L.L.C.
District Court, N.D. Indiana · Jan 17, 2020
Caravan argues that “Davidson, therefore, cannot establish that he was as or more qualified than Ratty, and even if he could, he has no evidence to demonstrate that Caravan’s evidence showing that Ratty was hired over Davidson … Davidson’s failure to promote claim fails to survive summary judgment because he fails to establish that he was as qualified or more qualified than the individuals hired, or that Caravan’s reasons for hiring those other individuals
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Mar 1, 2022
Harris did not question his §851 enhancement on direct appeal, the Court need not rely on default as clearly his claim is without merit. … Harris is clearly mistaken as Booker held only that the Sentencing Guidelines are advisory, not mandatory. Id. at 246. Mr.
Cited 0 timesUnknownConner v. Professional Medical Billing, Inc.
District Court, N.D. Indiana · Jun 16, 2022
Plaintiff believed that this qualified her for paid leave under the FFCRA. … Federal regulations impose strict requirements on claimants trying to establish “continuing treatment.”
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Feb 13, 2024
LaCroix does not clearly describe what it is he did that caused Lieutenant Lott to retaliate against him. … Filing a lawsuit qualifies as protected activity, Holleman v. Zatecky, 951 F.3d 873, 879 (7th Cir. 2020), and he mentions having filed a small claims suit against Lieutenant Lott about missing property.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · May 15, 2023
That is quite to the contrary of the statutory element that the individual defendants’ acts were “clearly outside the scope of [their] employment.” … Instead, the Dolcine court finds the arguments on immunity to be “muddled,” and that it was “ultimately...unnecessary to wade into the immunity thicket” because the plaintiff was unable to demonstrate that “his due process
Cited 0 timesUnknownIn Re Fedex Ground Package System, Inc.
734 F. Supp. 2d 557 · District Court, N.D. Indiana · Aug 11, 2010
The option to participate in certain programs doesn’t establish a right to control. … Contractors have a proprietary interest in their routes and can sell them to another qualified driver.
Cited 13 timesPublished883 F. Supp. 1180 · District Court, N.D. Indiana · Mar 21, 1995
However, SSR 82-61 clearly refers to particular past occupations, not general classifications. … Of course, only a doctor is qualified to testify as to what “normal” x-rays mean, but even a layman knows that x-rays can tell only a narrow slice of the story.
Cited 0 timesPublishedDistrict Court, N.D. Indiana · Mar 27, 2023
In addition to the evidentiary issues with some of these statements, the statements are protected by qualified privilege. … Browne confuses the asserted qualified privilege with qualified immunity. As qualified immunity is not asserted, Browne’s citation and argument regarding it are immaterial.
Cited 0 timesUnknown835 F. Supp. 1093 · District Court, N.D. Indiana · Oct 26, 1993
The Office of the Secretary considers the facts in each case to determine whether a cadet is qualified to serve on active duty as an enlisted member. … The government’s proof does not establish such an intent or awareness on Mr. Gears’ part.
Cited 6 timesPublishedDistrict Court, N.D. Indiana · Feb 24, 2022
Appx. 353, 355 (7th Cir. 2019) (inmate’s right to refuse to cooperate with an investigation has not been clearly established in the Seventh Circuit); Daniels v. Seymour, 2020 WL 5405799 (C.D. Ill.) (same); Nelson v. … (prisoner’s right to refuse to be an informant not definitively established in Seventh Circuit). without immunity.”).6 As in Caffey, Mr.
Cited 0 timesUnknownDistrict Court, N.D. Indiana · Sep 20, 2024
To establish liability under the Eighth Amendment, a prisoner must show: (1) his medical need was objectively serious; and (2) the defendant acted with deliberate indifference to his medical need. Farmer v. … immunity
Cited 0 timesUnknown
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