Case law

Traicoff v. Digital Media, Inc.

439 F. Supp. 2d 872 · District Court, S.D. Indiana · Jul 7, 2006

The very act of Congress establishing a right under the statute grants protection to that established right. … Indeed, the first sentence of § 201(d) clearly expresses the right for an owner of an exclusive right to transfer that right, in whole or in part.

GLASS v. NEEDHAM

District Court, S.D. Indiana · Apr 23, 2025

Defendant Sheriff Ryan Needham has moved for summary judgment on the grounds that he was not personally involved in any alleged constitutional deprivations and he is entitled to qualified immunity. … Qualified Immunity The Court acknowledges that Sheriff Needham has raised the qualified immunity defense.

VERMILLION v. FRANCUM

District Court, S.D. Indiana · Aug 30, 2023

Francum violated his First Amendment rights, the Court need not address qualified immunity and the argument that those rights were not clearly established. … Turney violated his First Amendment rights, the Court need not address qualified immunity and their argument that those rights were not clearly established.

MWANGANGI v. NIELSEN

District Court, S.D. Indiana · May 3, 2021

Defendants are presently entitled to an appeal concerning the qualified immunity determinations and are pursuing that appeal. … Defendants assert that the interest of judicial economy will be served by a stay that will permit them to litigate the qualified immunity issue on appeal.

Berger v. National Collegiate Athletic Ass'n

162 F. Supp. 3d 845 · District Court, S.D. Indiana · Feb 16, 2016

The Sixth Circuit, like the Tenth Circuit before it, declined to follow the test established by the DOL. … The extent to which the intern and the employer clearly understand that there is no expectation of compensation.

MITCHELL v. CITY OF INDIANAPOLIS

District Court, S.D. Indiana · Sep 20, 2019

The primary grounds for Defendants’ objection are that Plaintiffs have not demonstrated they were diligent in discovering and correcting the error in the spelling of Officer Wroblewski’s name, and thus, have failed to establish … immunity.

McNab v. General Motors Corp.

987 F. Supp. 1115 · District Court, S.D. Indiana · Dec 5, 1997

Recognizing this, Emmerson used age and seniority to decide who to recommend among those qualified. … Thus, Plaintiffs must establish a prima facie case of interference by demonstrating that they (1) belong to the protected class; (2) were qualified for their jobs; and (3) suffered an adverse employment decision under circumstances

Nicklasch v. JLG Industries, Inc.

193 F.R.D. 570 · District Court, S.D. Indiana · Dec 20, 1999

I conclude, therefore, that JLG has failed in its burden to establish that the incident reports are work product. 3 JLG argues that the incident reports are not relevant to — or, more precisely, that the plaintiffs have failed … Whether the parties may enter into an enforceable private agreement restricting access to the incident reports is not clearly answered by the Court of Appeals in Citizens First National Bank.

Hooser v. Baltimore & Ohio Railroad

177 F. Supp. 186 · District Court, S.D. Indiana · Sep 24, 1959

In either instance, Rule 55 clearly states that if the employee fails to make his request with the proper officer within the prescribed period, “the request shall be barred.” Mr. Charles R. … Nevertheless, the court observes that as far as these three plaintiffs are concerned, the present claim (attempting to invalidate a part of the same dismissal) is clearly an after-thought inspired by the decision in Smith

Graymor Properties LLC v. Battery Properties, Inc.; CMW International, LLC

District Court, S.D. Indiana · Mar 11, 2026

See NutraSweet Co., 227 F.3d at 791 (holding that district court did not clearly err in concluding that state environmental agency's oversight in cleanup established substantial compliance with the NCP). … Subsection 18(g) provides that immunity from suit "does not apply if: (1) the applicant fails to file a proposed voluntary remediation work plan within the time period established in section 8(a)(8) of this chapter."

Jones v. Metropolitan School District

905 F. Supp. 2d 923 · District Court, S.D. Indiana · Oct 26, 2012

Baer is not immune from Mr. … Objective bad faith does not require a finding of malice or ill will; instead, reckless indifference to the law will qualify. Id.

Sublett v. John Wiley & Sons, Inc.

351 F. Supp. 2d 836 · District Court, S.D. Indiana · Dec 30, 2004

Sublett believed she was qualified for the Senior CCR position. … To establish a prima facie case of race discrimination in a failure to promote context, Sublett must show: 1) she is a member of a protected group; 2) she was qualified for the position sought; 3) she was rejected for the

Moore v. General Motors Corp., Delco Remy Div.

684 F. Supp. 220 · District Court, S.D. Indiana · May 4, 1988

In this instance, the Comparative Fault Act clearly establishes, in plain language, that the plaintiff is required to prove a prima facie case of negligence in order to recover from any defendant. … Therefore, the defendants are entitled to introduce evidence to contest the elements of a negligence claim, even if that evidence is evidence of causation attributable to a party or parties which do not qualify as nonparties

RAKES v. ROEDERER

District Court, S.D. Indiana · Jan 21, 2025

He asserts that allowing the litigation to proceed while the Petition for Writ of Certiorari is pending will "effectively eradicate the basic thrust of [his] qualified immunity defense." … If the Supreme Court affirms the Seventh Circuit's decision, it will provide important guidance on the state-created danger exception and on qualified immunity issues.

BUCHANAN v. POLICE DEPT.

District Court, S.D. Indiana · Aug 18, 2022

Buchanan was objectively reasonable, that they are entitled to qualified immunity, and that Mr. Buchanan did not suffer any damages.1 Dkt. 27. Mr. Buchanan has not responded. … Graham, 490 U.S. at 396. 1 When the defense of qualified immunity is raised, the Court has discretion to determine if a constitutional violation occurred before addressing whether the law was clearly established

WARNER v. ANDERSON HOUSING AUTHORITY

District Court, S.D. Indiana · Mar 20, 2024

Qualified Immunity Defendants argue Ms. Davis and Ms. Richardson are entitled to qualified immunity on Mr. … At the motion to dismiss stage, courts "often cannot tell from a complaint whether qualified immunity applies" and thus it is "rarely" the time to decide qualified immunity, which is a fact-driven inquiry. Roldan v.

Aubuchon v. Knauf Fiberglass, GMBH

240 F. Supp. 2d 859 · District Court, S.D. Indiana · Jan 10, 2003

PSAMF ¶ 101. 8 This clearly implicates a “change in circumstances” or a “medical emergency.” Although the parties expended considerable energy arguing the merits of whether Mrs. … Aubuchon clearly engaged in protected conduct. By presenting evidence that it fired Mr.

Deere v. American Water Works Co.

306 F.R.D. 208 · District Court, S.D. Indiana · Mar 16, 2015

Plaintiffs therefore contend that the responses “unfairly inhibit Plaintiffs from establishing their case.” … The Court agrees with Defendant’s assessment and will modify the interrogatory to more clearly define its geographic and temporal scope.

HALLIGAN v. MYERS

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

They also contend that each defendant is entitled to qualified immunity because it was not clearly established that Halligan was entitled to due process in connection with his placement in segregation. … Halligan's constitutional rights, the Court need not address their qualified immunity argument. Sparing v.

Luddington v. Indiana Bell Telephone Co.

796 F. Supp. 1550 · District Court, S.D. Indiana · May 10, 1991

Clearly, this is after the job was filled and even after Bates had returned to work. … of establishing a prima facie case.