Case law

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  • 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).

    Cited 0 timesUnknown
  • 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.”

    Cited 0 timesUnknown
  • Wilson v. Neal

    District 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 timesUnknown
  • United States v. Szarwark

    40 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 timesPublished
  • Freeland 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 timesPublished
  • Stahly 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 timesPublished
  • Ray v. Worden

    District 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 timesUnknown
  • Dedrick 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 timesUnknown
  • Metz v. Transit Mix, Inc.

    646 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 timesPublished
  • Davidson 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 timesUnknown
  • Harris v. United States

    District 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 timesUnknown
  • Conner 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 timesUnknown
  • LaCroix v. Lott

    District 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 timesUnknown
  • Silich v. Obermiller

    District 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 timesUnknown
  • In 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 timesPublished
  • Stetler v. Shalala

    883 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 timesPublished
  • Browne v. Waldo

    District 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 timesUnknown
  • United States v. Gears

    835 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 timesPublished
  • Martin v. Neal

    District 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 timesUnknown
  • Davis v. Adkins

    District 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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