Case law

Lawson v. CSX Transportation, Inc.

101 F. Supp. 2d 1089 · District Court, S.D. Indiana · Dec 20, 1999

A plaintiff may establish pretext in two ways. … The undisputed facts before us clearly establish that Lawson suffers from diabetes, a disorder that affects many of the organ systems in his body. 13 Lawson’s diabetes, and its complications, affect Lawson’s metabolic, vascular

Maesch v. Maesch

761 F. Supp. 584 · District Court, S.D. Indiana · May 24, 1989

The Court stated “that determination [subject matter] could have been attacked in an appeal, but, as it was not a clear usurpation of power, it is now res judicata and immune from collateral attack.” Id. at 649 . … It is clearly established that a post-judgment finding that the statute, which was relied upon in the judgment to confer jurisdiction, is unconstitutional does not make the judgment void under Rule 60(b)(4).

LLOYD v. WASHINGTON COUNTY

District Court, S.D. Indiana · Aug 21, 2020

It is well- established issuing a warrant is a judicial act protected by absolute judicial immunity. Burns v. Reed, 500 U.S. 478, 492 (1991) ("[T]he issuance of a search warrant is unquestionably a judicial act…."). … Fitzsimmons, 509 U.S. 259, 275–76 (1993) (holding that prosecutor's fabrication of false evidence during the preliminary investigation of an unsolved crime is entitled only to qualified immunity). Because Mr.

Storage and Office Systems, LLC v. United States

490 F. Supp. 2d 955 · District Court, S.D. Indiana · Mar 30, 2007

These factors clearly do not apply to the undisputed facts of this case, especially since Congress has directly addressed the problem with Section 6323. … liability where other theories clearly are not applicable.

Guinan v. Roman Catholic Archdiocese of Indianapolis

50 F. Supp. 2d 845 · District Court, S.D. Indiana · May 7, 1999

Although Strahle did not testify at trial, the record clearly establishes that she was a qualified teacher with an extensive educational background (holding both Bachelor of Science and Master of Arts degrees in Education … The testimony clearly establishes that Sharpe’s management style was to praise good performance and not to criticize bad performance unless absolutely necessary.

Willis v. Cohn

747 F. Supp. 1305 · District Court, S.D. Indiana · Sep 26, 1990

DISCUSSION Having established this factual and procedural background, the Court now turns to the issues raised in this habeas corpus proceeding. … Specifically, Willis stated he would cooperate in exchange for immunity (R. 638-39). 14 When discussions with the prosecutor’s office indicated no such immunity would be forthcoming, Willis advised Hawkins they had “nothing

CLAY

District Court, S.D. Indiana · Jul 28, 2026

"Qualified privilege is a defense to a defamation action and applies to communications made in good faith on any subject matter in which the party making the communication . . . … Clay also has not alleged that Indianapolis was responsible for establishing or requiring a DNA-collection policy at the Marion County Jail, which it did not operate.

HALL v. SCUDDER

District Court, S.D. Indiana · Aug 24, 2021

Additionally, Officer Scudder argues that he is entitled to qualified immunity. A. … Because of the Court's determinations above, the Court need not address Officer Scudder's qualified immunity argument. IV.

Zachary v. Zachary (In Re Zachary)

99 B.R. 916 · District Court, S.D. Indiana · Apr 21, 1989

Thus, he asserts that he has complied with the time deadlines established in Rule 4003. In making his argument, the debtor cites to numerous cases which establish a liberal amendment policy in such cases. … As such, it qualifies as a security interest rather than a judicial lien.”)

Walro v. Striegel (In Re Striegel)

131 B.R. 697 · District Court, S.D. Indiana · Aug 5, 1991

Further the court would find that even if an annuity — or this annuity were property of the estate, it would clearly be exempt under Indiana Code 27-2-5-1 and 11 [U.S.C. §] 522(b)(2). … The standard of review which this Court must apply in reviewing a decision of the bankruptcy court is well established: In an appeal from a bankruptcy court’s decision, a district court applies two standards of review: one

VPG GROUP HOLDINGS LLC v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

District Court, S.D. Indiana · Oct 28, 2020

Although the Supreme Court has not defined "objectively reasonable," the Seventh Circuit has developed a definition that borrows from qualified-immunity doctrine. … It is clearly established that diversity jurisdiction exists only with complete diver- sity of parties. See 28 U.S.C. § 1332(a).

Johnston v. Amax Coal Co.

963 F. Supp. 758 · District Court, S.D. Indiana · May 8, 1997

Amax has explained that it terminated Johnston as part of a reduction in force, through which it retained its best-qualified employees and terminated less-qualified employees. … Instead, she has relied upon unsupported assertions that she was more qualified and should have been hired.

United States ex rel. S & G Excavating, Inc. v. Seaboard Surety Co.

93 F. Supp. 2d 968 · District Court, S.D. Indiana · Mar 28, 2000

[if it is] clearly shown that certain types of suits are not consistent with the statutory or constitutional scheme, that an implied restriction of the general authority is necessary to avoid grave interference with the performance … Cir.1994) (concluding that the CDA is not the exclusive basis for litigation of claims relating to *972 government contracts, and that the CDA did not eliminate subject matter jurisdiction over subcontractors’ actions to establish

MCGOFFNEY v. SWEENEY

District Court, S.D. Indiana · Mar 27, 2025

McGoffney must "clearly establish" that "there is newly discovered evidence or that there has been a manifest error of law or fact." Harrington v. … She raises a variety of arguments, see dkt. 14 at 6–18, but none of them explain why Judge Sweeney would not be entitled to immunity for his decisions in Ms. McGoffney's civil rights action.

Bowman v. Internationa Business Machines Corp.

853 F. Supp. 2d 766 · District Court, S.D. Indiana · Feb 21, 2012

After the termination, the FSSA established direct contracts with many of the former sub-contractors, which continued carrying out their previously delegated functions. (Id. ¶ 17). … Also, before terminating benefits Defendants had a duty to assess whether a recipient who no longer qualified under one Medicaid category might qualify under another category. (Id. ¶ 26).

BOYD

District Court, S.D. Indiana · Jul 28, 2026

Once step four is satisfied, the burden shifts to the SSA to establish that the claimant is capable of performing work in the national economy." Knight v. Chater, 55 F.3d 309, 313 (7th Cir. 1995). … But the Commissioner in Shelley's case did not argue that the ALJ's RFC analysis—or any other part of his analysis—salvaged what was otherwise a clearly deficient assessment at Step Three.

JONES v. MARION COUNTY SHERIFFS DEPT.

District Court, S.D. Indiana · Jul 8, 2022

Parker's actions, I would still [have] my brace today, establishing a causal connection and displaying Dep. Parker's personal involvement."). Mr. … Because the Court finds in Deputy Parker's favor on the constitutional question, it need not address his qualified immunity argument. (See Dkt. 63 at 9−10.) B.

Citizens Energy Coalition of Indiana, Inc. v. Sendak

459 F. Supp. 248 · District Court, S.D. Indiana · Oct 16, 1978

The Attorney General, acting in his quasi-judicial capacity, is immune from liability for monetary damages. However, this immunity does not extend to injunctive relief. Drollinger v. … The counselor shall be a practicing attorney, and qualified by knowledge and experience to practice in public utility proceedings.

OWENS v. CONSOLIDATED CITY OF INDIANAPOLIS AND MARION COUNTY

District Court, S.D. Indiana · Apr 1, 2021

It is well-established that absolute immunity "encompasses quintessentially prosecutorial functions like an out-of-court effort to control the presentation of a witness's testimony and the acts undertaken by a prosecutor … A prosecutor acting in an investigative capacity may claim only the same qualified immunity that protects police officers and other law-enforcement investigators." Id.

WHITE

District Court, S.D. Indiana · Jan 23, 2026

Samuels's testimony and ruled him qualified to provide an expert opinion. That is sufficient here. Dr. Samuels has established that he has specialized knowledge as required by Rule 702. … And even if the Federal Defendants were not immune, White cannot establish that this was a taking under the Fifth Amendment.