Case law

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

In re Fedex Ground Package System, Inc.

869 F. Supp. 2d 942 · District Court, N.D. Indiana · Apr 24, 2012

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.

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).

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.

Twomey v. Land

District Court, N.D. Indiana · Oct 13, 2020

Deliberate indifference can also be established based on a single incident that was a “highly predictable consequence” of a failure to provide specific training. Id. at 63–64 (quoting Bryan Cty., 520 U.S. … “clearly occurred outside the scope of their employ” (§ 34-13-3-5(c)(2)), was “malicious” (§ 34- 13-3-5(c)(3)), and/or was “willful and wanton” (§ 34-13-3-5(c)(4)). Pl. Mem. 9.

Boxell v. Plan for Group Insurance of Verizon Communications, Inc.

51 F. Supp. 3d 759 · District Court, N.D. Indiana · Sep 22, 2014

Boxell qualified as disabled from September 29, 2009, through the date of the decision. (R. 2687, 2693). … First, she spends considerable effort trying to establish that MetLife denied her claim because of its conflict of interest.

Gazarkiewicz v. Town of Kingsford Heights

264 F. Supp. 2d 735 · District Court, N.D. Indiana · May 27, 2003

I ask again to the people of Kingsford Height’s, would you rather pay for experienced personnel, qualified personel [sic], or inexperienced personel [sic]? … The issues set forth in the flyer clearly address public employees, their conduct, and local issues.

Stewart v. United States

District Court, N.D. Indiana · Feb 17, 2023

If a defendant cannot establish one of the Strickland prongs, a court need not consider the other. Groves v. United States, 755 F.3d 588, 591 (7th Cir. 2014). … Here too, whichever part of the statute the Defendant was convicted of violating is inconsequential; an offense resulting in a serious bodily injury is clearly a crime of violence, as is an intentional and rude, insolent

F. McConnell & Sons, Inc. v. Target Data Systems, Inc.

84 F. Supp. 2d 961 · District Court, N.D. Indiana · Feb 2, 1999

Contracts § 635, at p. 645, and therefore the question of whether M & S’s completion of at least two of its three obligations under the contract (to purchase the Distributor 4GL license and serve as a demonstration site) qualifies … In contradistinction, Target's contacts with Indiana were directly related to the contract upon which M & S has brought this lawsuit, a situation clearly distinguishable from Charlesworth . 12 .

Dodd v. Indiana Department of Corrections

District Court, N.D. Indiana · Nov 9, 2021

To establish liability for claims of inadequate medical care, a prisoner must satisfy both an objective and subjective component by showing: (1) his medical need was objectively serious; and (2) the defendant acted with … Finally, Dodd names the Indiana Department of Correction as a defendant, but this state agency has Eleventh Amendment immunity. de Lima Silva v.

Young

District Court, N.D. Indiana · Aug 25, 2026

Findings of fact are upheld unless clearly erroneous; legal conclusions are reviewed de novo. Id.; In re Marrs-Winn Co., Inc., 103 F.3d 584, 589 (7th Cir. 1996). … The bankruptcy court evaluated the record and decided within its discretion that Young had not shown sufficient circumstances to qualify for this exception.

Vazquez v. Davis

District Court, N.D. Indiana · Feb 8, 2022

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 … “To establish a violation of Title II of the ADA, the plaintiff must prove that he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity

Dailey v. Quiroga

District Court, N.D. Indiana · Aug 7, 2024

Filing a grievance qualifies as “protected activity” for purposes of a First Amendment claim. Gomez, 680 F.3d at 866. … Dailey may also be attempting to bring an Establishment Clause claim. The Establishment Clause of the First Amendment provides that “Congress shall make no law respecting an establishment of religion . . ..” U.S.

Bontrager v. Indiana Family & Social Services Administration

829 F. Supp. 2d 688 · District Court, N.D. Indiana · Nov 4, 2011

The court disagreed, finding that the “unequivocal” language of Ind.Code § 12-15-21-3(3), in conjunction with the Indiana regulations interpreting the statute, established that the requirements under Indiana law were the … The answer is clearly, “Yes.”

Mansfield v. Colvin

224 F. Supp. 3d 683 · District Court, N.D. Indiana · Dec 1, 2016

According to Social Security Ruling 96-6p, “[s]tate agency medical... consultants are highly qualified physicians.. .who are experts in *686 the evaluation of the medical issues in disability claims under the Act.” … The ALJ bases her finding that Mansfield is not entirely credible on alleged inconsistencies in the record, but the ensuing recitation of pieces of *689 Mansfield’s medical history does not clearly indicate what was inconsistent

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.

Smith v. Galipeau

District Court, N.D. Indiana · Oct 30, 2023

Smith has of the court must be presented in the form of a motion which clearly and concisely states the relief he is seeking and the reason he believes he is entitled to the relief sought. Mr. … Filing a lawsuit qualifies as protected activity for purposes of a First Amendment claim. Holleman v. Zatecky, 951 F.3d 873, 879 (7th Cir. 2020). However, Mr.

Wirtz v. Independent Petroleum Workers of America, Inc.

307 F. Supp. 462 · District Court, N.D. Indiana · Jul 3, 1969

The plaintiff’s position is clearly substantiated by the scheme of the Act and the cases decided thereunder. Title IV of the Act provides one remedy for a violation — a new election. … (Article II, Section 1(g) ) (Quoted in Exhibit II to the affidavit, which is a copy of the letter informing the affiant he was not qualified to run for the post of director.) Exhibit A to the affidavit of K. M.

Federal Insurance v. Stroh Brewery Co.

35 F. Supp. 2d 650 · District Court, N.D. Indiana · Dec 22, 1998

To establish estoppel an insured must show prejudice. Protective Ins. Co. v. … However, both parties have come to diametrically opposed conclusions as to what that clearly controlling precedent indicates.