Case law

JESTER v. KUENZLI

District Court, S.D. Indiana · Oct 7, 2020

IDOC policy provides for removable dental prostheses (e.g., dentures) for those offenders who qualify. Id., ¶ 6. … Jester qualified for an upper partial denture, but because he had all his anterior teeth on the bottom, he did not qualify for a lower partial denture. Id.; Dkt. 121-4, ¶ 9. Dr. Jimerson submitted a PPA form to Dr.

Gillespie v. City of Indianapolis

13 F. Supp. 2d 811 · District Court, S.D. Indiana · Jun 5, 1998

Specifically, we understand that the Indianapolis Police Department requires all police officers to qualify for fire *818 arms proficiency and, as a logical extension, firearms use. See Plaint.Prelim.Inj.Br., Attach. 1. … Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir.1996) (plaintiff abandoned claim after failing to respond to argument in motion for summary judgment)), undoubtedly because the case law and legislative history argue so clearly

RITCHIE v. WILSON

District Court, S.D. Indiana · May 17, 2025

The State PD also argued, "[t]he impairments attributable to an FASD establish a cause for Ritchie's behavior. … Thompson, 501 U.S. 722, 753-54 (1991), the Supreme Court established the general rule that an attorney's errors in a post-conviction proceeding will not establish "cause" for excusing procedural default of an issue in

LYNCH v. KIJAKAZI

District Court, S.D. Indiana · Oct 1, 2020

Accordingly, Bradley L. has established error. … s testimony qualified the activities that he was capable of performing based on his relative level of pain on good versus bad days. More to the point here, Bradley L.'

GEORGE v. REPUBLIC AIRWAYS INC.

District Court, S.D. Indiana · Mar 17, 2021

George also has failed to identify any conduct of Republic Airways that qualifies as "extreme and outrageous," "exceed[ing] all bounds" tolerated by civilized society. … George is proceeding pro se, she should be afforded an opportunity to review this Order and submit an amended complaint that explains her claims more clearly and in greater detail if she is able. See Donald v.

WELLS v. THE FREEMAN COMPANY AND VAUGHN

District Court, S.D. Indiana · Dec 16, 2022

The final factor, the length of job commitment, clearly favors independent contractor status. Wells planned to work for Freeman for just over a week. (Wells Dep. Tr. 79:22-23, ECF No. 148-3.) … Nor would checking Wells' attire for a day qualify as conduct that is in furtherance of Freeman's event-planning business to an "appreciable extent."

HARTSOCK v. IDOC

District Court, S.D. Indiana · Jan 23, 2024

"[A] preliminary injunction is an exercise of a very far- reaching power, never to be indulged in except in a case clearly demanding it." Orr v. … Hartsock has not established the three threshold requirements necessary for preliminary injunctive relief. A.

HOUSE

District Court, S.D. Indiana · Jun 25, 2026

Even if the Court excused Plaintiff's failure to attend the February 18 conference, other requirements of the show cause order are clearly unfulfilled. … Plaintiff is not an attorney and has not shown that he qualifies for an exemption to this policy.

DELTA FAUCET COMPANY v. WATKINS

District Court, S.D. Indiana · Dec 8, 2023

Watkins' goods do not qualify for the Delta Limited Warranty and are not subject to Delta's quality controls. [Filing No. 1 at 25; Filing No. 1 at 31-35.] considerable strength. [Filing No. 1 at 5.] … Taken together, these factors establish that there is a likelihood of confusion caused by Mr. Watkins' use of Delta Trademarks. Thus, Delta has established Mr.

Eli Lilly & Co. v. Zenith Goldline Pharmaceuticals, Inc.

264 F. Supp. 2d 753 · District Court, S.D. Indiana · May 15, 2003

The court believes this is a more reasonable approach, but one that does not leave the Burns Doane bills immune from review. 1. … Rule 37(a)(4) establishes a presumption in favor of a fee award for the party who prevails on the motion itself.

MIB, LLC v. FIELD

District Court, S.D. Indiana · Aug 24, 2023

Defendants also argue Plaintiffs have not sufficiently alleged claims against Defendants in their individual or official capacities, and that some Defendants are entitled to immunity. … Neither of Plaintiffs' arguments comports with well-established caselaw on claim preclusion or Indiana caselaw interpreting Indiana Code § 36-7-4-1613. 1.

CASTRO-AGUIRRE v. United States

District Court, S.D. Indiana · May 29, 2024

At trial, the Government established that Castro-Aguirre supervised the drug trafficking activities of nine people. … 564 U.S. 547 (2011), Castro-Aguirre contends that the admission of the CSLI evidence through Schumacher violated his rights under the Confrontation Clause because it deprived him of the ability to cross-examine a qualified

PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC. v. COMMISSIONER, INDIANA STATE DEPARTMENT OF HEALTH

District Court, S.D. Indiana · May 1, 2024

Accordingly, its prohibitions clearly encompass restrictions on conduct, such as driving a minor to receive an out-of-state abortion without parental consent, as well as speech, in the form of communications, including … otherwise qualify but is too far along in their pregnancy, the minor's only option for care would be to seek an abortion outside of Indiana.

WILSON v. REGAL BELOIT AMERICA, INC

District Court, S.D. Indiana · Feb 22, 2021

"The employee's notice obligation is satisfied so long as he provides information sufficient to show that he likely has an FMLA-qualifying condition." Burnett v. … Regal argues that, clearly, if such actions rise to the level of a tort, the purported tortfeasor within this situation was Smith.

MCDANIELS v. SMITH

District Court, S.D. Indiana · Sep 30, 2021

McDaniels' heart rate was in the 130s and 140s and that he "was clearly in atrial fibrillation and high ventricular response rate." Id. His blood had coagulated to a subtherapeutic level. Id. 2. … FTCA Standard The FTCA is a limited waiver of the United States' sovereign immunity.

Hoosier Environmental Council, Inc. v. U.S. Army Corps of Engineers

105 F. Supp. 2d 953 · District Court, S.D. Indiana · Jul 19, 2000

Baker was not qualified to express an opinion regarding the likelihood or foreseeability of secondary development that would be caused by the riverboat casino. … As the Court has noted, Mengel does not qualify as a neutral and objective observer, much less an environmental or engineer expert.

EWING v. MED-1 SOLUTIONS, LLC

District Court, S.D. Indiana · Jan 25, 2021

Med-1's failure to report Ewing's debt to TransUnion was clearly an unintentional result of Ms. Thompson mistakenly forwarding Ewing's dispute letter to the incorrect Med-1 department. … The Court finds that Med-1 has established by a preponderance of the evidence all three prongs of the bona fide error defense. Thus, Med-1's motion is granted.

TAYLOR v. DUNCAN

District Court, S.D. Indiana · Jan 28, 2022

A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed. … See dkt. 65-6 at 29:3–17.1 Agent Duncan asserts the defense of qualified immunity, but he relies on the factual assertion that he "has no personal animus towards Plaintiff and acted in good faith at all times."

SMITH v. KIJAKAZI

District Court, S.D. Indiana · Aug 29, 2022

STANDARD OF REVIEW To qualify for disability, a claimant must be disabled within the meaning of the Social Security Act. … Elder is clearly distinguishable from this case, however.

CROUCH v. SAUL

District Court, S.D. Indiana · Feb 25, 2022

STANDARD OF REVIEW To qualify for Title II DIB, a claimant must be disabled within the meaning of the Social Security Act. … Here, the ALJ clearly reviewed, considered, and then discussed at length Scott's medical history, including his October 2019 x-rays.