Case law

Floyd v. U.S. Bank National Ass'n

242 F. Supp. 3d 764 · District Court, S.D. Indiana · Mar 16, 2017

Bank violated RESPA by failing to respond to Linderman’s qualified written requests, entitling her to actual and statutory damages. Id. H. … While Linderman clearly seeks information from U.S.

WEATHERSPOON v. KHOURY

District Court, S.D. Indiana · Jun 11, 2021

When "determining whether actions taken by government officials enjoy absolute immunity or qualified immunity, [courts apply] a 'functional approach . . . which looks to the nature of the function performed, not the identity … On the other hand, "prosecutors acting in the role of administrator or investigator are entitled only to qualified immunity." Id. (citing Burns v. Reed, 500 U.S. 478, 495–96 (1991)).

GRIFFIN v. CARTER

District Court, S.D. Indiana · Feb 25, 2025

"A public official is entitled to qualified immunity from suit unless he [or she] violated a clearly established constitutional right." Dockery v. … that right was clearly established at the time of the defendant's alleged misconduct."

United States v. Duke

263 F. Supp. 828 · District Court, S.D. Indiana · Feb 9, 1967

The Jury Commissioner and Clerk who are the only persons entrusted with the statutory duty of obtaining jurors must not establish or invite the establishment of one or more standards or qualifications other than those standards … As of the time of the rendering of this decision, the evidence before the Court shows clearly that the present system is well within all of the Constitutional and statutory requirements.

Anderson Ex Rel. Anderson v. Indiana High School Athletic Ass'n

699 F. Supp. 719 · District Court, S.D. Indiana · Sep 26, 1988

To qualify as a nominee such person shall be from the class of school from which the selection is to be made in that particular year. … This was clearly expressed by Commissioner Cato and the Executive Committee members during testimony before this Court. Finally, the Court regrets the result.

Economation, Inc. v. Automated Conveyor Systems, Inc.

694 F. Supp. 553 · District Court, S.D. Indiana · Sep 1, 1988

ACS did no more than hire qualified individuals to sell conveyor systems. … That motivation is clearly recognized as a legitimate reason for defendant’s conduct.

Rothrock v. United States ex rel. United States Department of Transportation

883 F. Supp. 333 · District Court, S.D. Indiana · Nov 17, 1994

The FTCA, which provides a remedy against the United States for the torts of its officers and employees, is a statutory waiver of sovereign immunity. United States v. … CONCLUSION The role of Defendant in the design and maintenance of the stretch of highway including the Bridge clearly brings Defendant within the discretionary function exception to the FTCA.

Carlson v. CSX Transportation, Inc.

83 F. Supp. 3d 819 · District Court, S.D. Indiana · Jan 28, 2015

competing qualifications does not constitute evidence of pretext unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly … better qualified for the position at issue.

FRANKLIN v. RANDOLPH COUNTY COMMISSIONERS

District Court, S.D. Indiana · Jul 11, 2019

Franklin); Filing No. 52 at 9 (arguing that Officer Highlen is protected by qualified immunity on the excessive force claim because there was no violation of any clearly established right); Filing No. 52 at 11 (arguing … Franklin); Filing No. 52 at 13 (arguing that Officer Highlen is protected by qualified immunity on the false arrest claim because it was not unreasonable for him to believe that Ms.

AJAJ v. KREUGER

District Court, S.D. Indiana · Sep 21, 2021

, or where the latter Act covers the whole subject of the earlier one and is clearly intended as a substitute." … He also alleges that defendants Kruger, Underwood, Cox, Sutter, Roloff, and Watson denied him access to an "Islamically qualified Sunni Imam." Id. at 9−11, ¶¶ 86−106.

Sisters of St. Francis Health Services, Inc. v. Morgan County

397 F. Supp. 2d 1032 · District Court, S.D. Indiana · Nov 2, 2005

State Action Immunity In Parker v. … A [county] may also establish, aid, maintain, and operate hospitals. Ind.Code § 36-8-2-5. Defendants hang their state action immunity argument on the verb “aid” in the statute.

United States v. Indianapolis Baptist Temple

61 F. Supp. 2d 836 · District Court, S.D. Indiana · Jun 29, 1999

Defendant is not relieved of its tax liabilities simply because the IRS mistakenly used the corporation’s identification number on Defendant’s tax assessment. 3 The record clearly establishes that, despite that error, the … The corporation had been dissolved for years and the tax assessments clearly reflect liabilities arising out of Defendant’s operations.

Davidson v. Citizens Gas & Coke Utility

238 F.R.D. 225 · District Court, S.D. Indiana · Mar 10, 2006

Though the names of several lawyers from Plaintiffs’ counsel’s firm have also entered appearances on behalf of Plaintiffs in this litigation, the lead responsibilities have clearly been shouldered by a single attorney. … A failure to establish adequacy of representation also undermines Plaintiffs’ ability to establish the requirements of Fed.R.Civ.P. 23(b)(3), because issues common to the class do not predominate over individual issues and

CRAIG

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

The Wayne County Circuit Court affirmed the Building Commission orders finding that the evidence presented at the hearings "clearly established that the [three properties] are unsafe to 1 AFG Investment Fund was the entity … The motion "will be successful only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment."

Caskey v. Colgate-Palmolive Co.

438 F. Supp. 2d 954 · District Court, S.D. Indiana · Jun 9, 2006

Caskey relies on several discrete events that are clearly time-barred. … Caskey’s allegation about extruder training in 1997 is clearly time-barred.

COLYER v. ANDERSON POLICE DEPARTMENT

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

officers are entitled to qualified immunity. … Colyer's arrest, Officers Jerrett and Durr are not entitled to qualified immunity. Mr.

LEWIS v. ROSS

District Court, S.D. Indiana · Nov 3, 2020

"Inmates have long had a clearly established right to be free from intentionally inflicted psychological torment and humiliation unrelated to penological interests." Leiser v. … City of Chi., 829 F.3d 869, 877 n.10 (7th Cir. 2016) ("The defendants alternatively argue that we should affirm based on qualified immunity.

Consumer Financial Protection Bureau v. ITT Educational Services, Inc.

219 F. Supp. 3d 878 · District Court, S.D. Indiana · Mar 6, 2015

According to ITT, this “immunity from the Congressional appropriations process” further contributes to the Bureau’s unconstitutionality. Def.’s Reply 3. … “Service Provider” ITT also qualifies as a “service provider” under the CFPA.

City of Louisville v. Babb

7 F. Supp. 658 · District Court, S.D. Indiana · Jun 7, 1934

The language used in the enacting clause of such statute is clearly a declaration and in no way affects the purpose for which the legislation was enacted. … Kentucky, supra: “Clearly, the tax was not a tax on the interstate business carried on over or by means of the bridge, because the bridge company did not transact such business.

SPENCER v. WEISNER

District Court, S.D. Indiana · Feb 9, 2022

Qualified Immunity The defendants argue that they are entitled to qualified immunity. … "Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable