Case law

Mondragon v. Zenk

District Court, N.D. Indiana · Jan 10, 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 … “Incarcerated people have a clearly established right to be free from physical harm inflicted by others in the institution.” Kemp v. Fulton Cty., 27 F.4th 491, 494 (7th Cir. 2022) (citing Farmer v.

Minnick v. Anderson

151 F. Supp. 2d 1015 · District Court, N.D. Indiana · Aug 22, 2000

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Terry Williams, 120 S.Ct. at 1512. … Additionally, it is clear that the Indiana Supreme Court has not decided this issue in a manner “contrary to ... clearly established Federal law.”

Rastafari v. Anderson

117 F. Supp. 2d 788 · District Court, N.D. Indiana · Oct 24, 2000

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) “qualifies as ‘clearly established Federal law, as determined by the Supreme Court of the United States.’ ” Terry Williams, 120 S.Ct. at 1512 . … Additionally, it is clear that the Indiana Supreme Court has not decided this issue in a manner “contrary to ... clearly established Federal law.”

William Shecoby Palmer v. Petalas

District Court, N.D. Indiana · Sep 17, 2021

Plaintiff also raises incoherent “sovereign citizen” arguments to support his Motion, for example alleging that the Defendants were required to prove that the Plaintiff was subject to an exception in the “Foreign Sovereign Immunities … May 26, 2021) (“Sovereign citizen claims are summarily rejected because it has been clearly established that the laws of the United States apply to all persons within its borders . . . .”).

Griffin

District Court, N.D. Indiana · Sep 11, 2026

immunity. … immunity.

Johnson v. Lafayette Fire Fighters' Ass'n Local 472

857 F. Supp. 1292 · District Court, N.D. Indiana · Jul 22, 1994

This effort — which has to this date fallen short — continued throughout the litigation, and was clearly in response to the litigation and to the exposure to liability. … It is also well established that this judge need not limit the hourly rates to the Lafayette ar^a. Judge Fairchild, in Chrapliwy v.

Schiro v. Clark

754 F. Supp. 646 · District Court, N.D. Indiana · Dec 26, 1990

In this instance, the voluntariness of the statement was clearly established under the mandates of Colorado v. Connelly, 479 U.S. 157 , 107 S.Ct. 515 , 93 L.Ed.2d 473 (1986). … With that procedural process established, the factual record must clearly support the imposition of the death penalty. The sentencing trial judge should not ignore the recommendation of the jury.

Reeder-Baker v. Lincoln National Corp.

649 F. Supp. 647 · District Court, N.D. Indiana · Dec 9, 1986

The preponderance of the evidence clearly establishes that the reason given by Lincoln for plaintiff’s “high competent” rating is merely a pretext. … This memo itself establishes a causal connection. Baker complained about Lincoln’s racial policies and was put on probation. The evidence clearly shows that there was no “apprehension” or “uncertainty” in the P.C.U.

Gates v. Neal

District Court, N.D. Indiana · Feb 4, 2020

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 … Only “genuine emergencies” qualify as a basis for circumventing § 1915(g). Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). Mr.

Manning v. Hershberger

District Court, N.D. Indiana · Apr 22, 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 … established or otherwise.”).

Jones v. State Wide Aluminum, Inc.

246 F. Supp. 2d 1018 · District Court, N.D. Indiana · Feb 20, 2003

Jones was covered by two ERISA qualified health plans, State Wide, 1 and Partners, an HMO, each of which decided the other was obligated to pay. … See King, 218 F.3d at 723 (citing prior case law for the well established conclusion that design decisions fall outside the purview of an administrator’s fiduciary duty); Ames, 170 F.3d at 757 (same).

United States v. Sebring Homes Corp.

879 F. Supp. 894 · District Court, N.D. Indiana · Sep 20, 1994

Looking to the definition of manufacturer provided by the Act (“means any person”), the question narrows to whether the Ornatowskis may individually qualify as a “person” under the Act. … Thus, had the Ornatowskis acted in their personal capacities, as opposed to as officers and agents of Sebring Homes, they clearly would be liable as “persons” under the Act.

Carson v. Neal

District Court, N.D. Indiana · Apr 14, 2022

. § 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 … “Some conditions of confinement may establish an Eighth Amendment violation in combination when each alone would not do so.” Gillis v. Litscher, 468 F.3d 488, 493 (7th Cir. 2006).

Evans v. U.S. Department of the Interior

135 F. Supp. 3d 799 · District Court, N.D. Indiana · Sep 28, 2015

Bremer’s declaration doesn’t establish a sufficient basis-/to support his inferences. … Because these introductory paragraphs qualify the entire declarations, Ms.

Bennett v. Duckworth

909 F. Supp. 1169 · District Court, N.D. Indiana · Nov 29, 1995

Holcomb, whom the court considered to be well qualified after eight and one-half years as a public defender, to handle the petitioner’s defense. … If Bennett establishes that certain errors of counsel were unreasonable, he must then show that the errors resulted in prejudice to his defense. Burr, 492 N.E.2d at 308 .

Ganus v. Carter

District Court, N.D. Indiana · Jun 24, 2019

Creasy failed to recognize that the deadline for the filing of a petition for transfer was established by the Indiana Rules of Appellate Procedure, not by a court order. Mr. … While there are exceptions to Eleventh Amendment immunity, none are applicable here. See MCI Telecommunications Corp. v. Ill.

Johnson v. Westville Correctional Facility

District Court, N.D. Indiana · Feb 18, 2022

Prison officers enjoy tort immunity under the ITCA, except in precise circumstances. See Ind. Code § 34-13-3-5. … “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), reh’g denied. Mr.

Biglands v. Raytheon Employee Savings & Investment Plan

801 F. Supp. 2d 781 · District Court, N.D. Indiana · Jul 12, 2011

Clearly, Biglands cannot avoid the arbitrary and capricious standard by pleading around it. … The Plan denied Big-lands’ claim on June 28, 2004 and never used any “if’ or “then” conditional qualifying language.

Brockington v. Livers

District Court, N.D. Indiana · May 24, 2021

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 … Yeskey, 524 U.S. 206, 209-10 (1998) (explaining the ADA prohibits a “public entity” from discriminating against qualified individuals with a disability by excluding them from “services, programs, or activities of a public

Walker v. Hyatte

District Court, N.D. Indiana · Sep 12, 2022

§ 1915A, the court must screen the amended 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 … Walker did not list Sergeant Beane in the section where he is asked to identify the defendants, but he clearly indicates that he is suing four defendants and includes specific allegations about Sergeant Beane violating