Case law

Roper v. Warden

District Court, N.D. Indiana · Aug 5, 2021

establishes a manifest error of law or fact.” … As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Maples v. Thomas, 565 U.S. 266, 280 (2012).

Hasty v. CENT. STATES SE & SW AREAS

851 F. Supp. 1250 · District Court, N.D. Indiana · May 16, 1994

At Chapter 10, entitled, "Plan Administration," the SPD clearly states that the Board of Trustees has such discretionary power. … Clearly, Central States is not limited to the terms of the SPD to assert that the Board of Trustees has such discretionary authority.

SCA Services of Indiana, Inc. v. Thomas

634 F. Supp. 1355 · District Court, N.D. Indiana · May 9, 1986

The right to use one’s property as one pleases is clearly a right of property ownership. … Sites need not be on the NPL to qualify for removal or enforcement actions.

Braden v. Commissioner of Social Security

District Court, N.D. Indiana · Jan 26, 2021

A claimant qualifies as disabled if he or she cannot perform such work. … It often accompanies other immune system disorder, such as rheumatoid arthritis and lupus.

Thiel v. First Federal Savings & Loan Ass'n

646 F. Supp. 592 · District Court, N.D. Indiana · Nov 4, 1986

In making this determination, the court must keep in mind that the entry of summary judgment terminates the litigation, or an aspect thereof, and must draw all inferences from the established or asserted facts in favor of … The evidence in this case shows no conduct which qualifies as racketeering activity as defined in the statute, 18 U.S.C. § 1961 (1).

Lawhorn v. Duckworth

736 F. Supp. 1501 · District Court, N.D. Indiana · Dec 15, 1987

These defendants are each and all entitled to Eleventh Amendment immunity for all claims for money damages asserted here in their official capacities. See Kashani v. … Brierton, 739 F.2d 1244 (7th Cir.1984), it was clearly held that a claim for medical malpractice is not enough to state an Eighth Amendment claim.

Lamb Publications LLC v. Oregon Catholic Press

District Court, N.D. Indiana · Aug 23, 2021

Plaintiffs have not established good cause to justify protection of information described in category (c) of their confidential information definition. 2. … Plaintiffs’ Motion Plaintiffs’ proposed protective order does not clearly differentiate confidential information from AEO information.

Doe v. Purdue University

District Court, N.D. Indiana · Jun 1, 2020

Grindle argued that she was entitled to qualified immunity and moved for summary judgment, but her request was denied. Id. … The Plaintiff also concedes that the Individual Defendants are entitled to qualified immunity in their personal capacity. Id. at 32.

Pavey v. Reagle

District Court, N.D. Indiana · Sep 29, 2025

1915A, I 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 … As to the first element of the claim, it is plain that filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. See id.

Stanton v. Galipeau

District Court, N.D. Indiana · Aug 31, 2022

The court must review 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 from such relief … The complaint and attachments clearly establish that Mr. Stanton didn’t complete the grievance process in accordance with 42 U.S.C. § 1997e(a) before filing this lawsuit. Mr.

United Food & Commercial Workers Union Local 700 v. Kroger Co.

132 F. Supp. 2d 709 · District Court, N.D. Indiana · Feb 21, 2001

To establish a genuine issue of fact, the non-moving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” … Local 700 seeks summary judgment in its favor, claiming that the CBAs do apply to the Owen’s stores because they replaced stores that Kroger closed and that, in any event, an arbitrator must decide whether the Owen’s stores qualify

Manns v. Heckler

586 F. Supp. 1425 · District Court, N.D. Indiana · May 18, 1984

A period of disability was established for plaintiff, however, on June 21, 1982, he was notified that he was no longer considered under a disability as of June 1982. … To qualify for a period of disability and disability insurance benefits under Sections 216(i) and 223 of the Social Security Act, an individual must meet the insured status requirements of these sections, be under age 65,

Brier v. Centurion Health of Indiana

District Court, N.D. Indiana · Apr 23, 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 … “[L]iability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Gable v. Curtis, 673 N.E.2d 805, 810 (Ind. Ct.

Cruse v. HOOK-SUPERX, INC.

561 F. Supp. 2d 993 · District Court, N.D. Indiana · Apr 11, 2008

If he establishes a prima facie case, the burden shifts to CVS to proffer a legitimate, nondiscriminatory reason for its action. Id. … Like the termination claim, in order to establish a prima facie case of failure to promote on the basis of race, Cruse must demonstrate that he 1) is a member of a protected class; 2) applied for and was qualified for a position

Mason v. Day

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

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 or lawsuit qualifies as protected activity for purposes of a First Amendment claim. Holleman v. Zatecky, 951 F.3d 873, 879 (7th Cir. 2020).

Davis v. Mansards

597 F. Supp. 334 · District Court, N.D. Indiana · Nov 14, 1984

The Johnsons present an easier case— their application was not even taken, though they were qualified to apply for a Mansards unit. … The brochure shall make clearly visible to the reader that The Mansards offers equal opportunity housing. Said redesign of any brochure shall be completed within one (1) year of the date of this Order.

Dorsey v. St. Joseph Co. Jail Officials

910 F. Supp. 1343 · District Court, N.D. Indiana · Jan 18, 1996

The Court noted the presumption that every state’s sovereign immunity from, and all state employees’ personal exposure to, § 1983 liability for constitutional torts was clearly established when the lawsuit was filed (even … (Cf 28 CFR § 541.21 (provides for establishment of administrative detention for federal inmates who need protection at the discretion of prison staff)).

Bolton v. Indiana State of

District Court, N.D. Indiana · Nov 6, 2024

claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … ) (“[W]hile referring to colleagues with such disrespectful language is deplorable and has no place in the workforce, one utterance of the n-word has not generally been held to be severe enough to rise to the level of establishing

Henson v. Neal

District Court, N.D. Indiana · Mar 28, 2022

Lastly, the defendants argue they are entitled to qualified immunity because they never knowingly violated the law and only terminated Henson’s employment due to his performance. ECF 90 at 18-20. … established Seventh Circuit precedent.

Spann v. Indiana State of

District Court, N.D. Indiana · Sep 2, 2020

Curran, 933 F.3d 816, 821 (7th Cir. 2019) (recognizing clearly established Eighth Amendment right of inmates “not to be forced to live surrounded by their own and others’ excrement”); Johnson v. … He believes this document establishes his “titleholder status,” as a “Moorish American” citizen.