Case law

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.

C.H. v. Payne

683 F. Supp. 2d 865 · District Court, S.D. Indiana · Jan 26, 2010

Section 1983 provides a remedy for violations of “rights, privileges, or immunities secured by the Constitution and laws” of the United States. In Gonzaga University v. … There is no Eleventh Amendment prohibition to our consideration of this issue because Defendants waived their immunity by removing this case to federal court on December 23, 2009. See Lapides v.

McKnight v. Taylor

210 F. Supp. 3d 1069 · District Court, S.D. Indiana · Sep 29, 2016

It is well-established that “[t]hreaten[ing] a police officer with a deadly weapon” qualifies as an action placing the officer and his comrades in imminent danger of harm and justifying the use of deadly force. … immunity also turned on the reasonableness of Officer Taylor's belief that McKnight was wielding a gun, rather than a phone.

Hall v. Cropmate

887 F. Supp. 1193 · District Court, S.D. Indiana · May 23, 1995

The Court clearly held that the concept of promissory estoppel may be used in an ERISA case to make a person a plan participant. Id. at 758 . … To establish detriment, Hall “must show that, had it not been for the promise, he would have obtained comparable medical insurance.” Miller, 39 F.3d at 759 .

Stanton v. Ash

384 F. Supp. 625 · District Court, S.D. Indiana · Nov 4, 1974

Clearly that is an interest shared by all citizens. Cf. Sehlesinger, supra, 94 S.Ct. at 2930 ; United States v. … Cohen, supra, to establish taxpayer standing.

SIZELOVE v. MADISON-GRANT UNITED SCHOOL CORPORATION

District Court, S.D. Indiana · Jun 27, 2022

Vore was not entitled to qualified immunity; (3) Mr. Sizelove's individual-capacity claim against Mr. Vore was not duplicative of his claim against the School; and (4) Mr. … Even assuming it was such an error not to explicitly address Defendants' Rule 72(a) Objections, it was harmless, given Defendants' failure to establish that the Magistrate Judge's order was "clearly erroneous or contrary

DUNLAP

District Court, S.D. Indiana · Mar 2, 2026

Dunlap was not subject to an objectively serious condition, they were not deliberately indifferent to the risk of asbestos exposure, and they are entitled to qualified immunity. Id. … immunity.

WARD v. PRETORIUS

District Court, S.D. Indiana · Sep 22, 2023

Ward's medical records show that he has tested positive for Hepatitis A and B, but he is being told that he is immune to the infections. B. … He also alleged that he was being told he was immune to his Hepatitis infections, which "clearly contradicts" his medical records. Dkt. 7 at 1. C.

Merriweather v. Marion County Sheriff

368 F. Supp. 2d 875 · District Court, S.D. Indiana · Apr 5, 2005

Indiana Courts narrowly construe immunity “because it provides an exception to the general rule of liability.” Swanson, 671 N.E.2d at 439 (citing Hanson, 659 N.E.2d at 1125 ). … argument that “the Sheriff systemically [sic] negligently failed to even adhere to its own policies, procedures, and state law with respect to classification, segregation, and clock rounds [and][t]hese ... allegations ... clearly

Glick v. United States

96 F. Supp. 2d 850 · District Court, S.D. Indiana · Mar 14, 2000

Summary Judgment Standards. 1 The legal standards for summary judgment are weE established. … Although not clearly applicable to the present transaction, the regulations define the stated redemption price at maturity as the "sum of all payments provided by the debt instrument other than qualified stated interest payments

Blaske v. Bowen

437 F. Supp. 1056 · District Court, S.D. Indiana · Jan 12, 1976

Therefore, the plaintiffs allege that the tax violates the privileges and immunities guarantees of Article IV, Section 2, Clause 1 and the Fourteenth Amendment to the Constitution. … This Court believes that the above procedure clearly serves as a “plain, speedy, and efficient remedy” for purposes of 28 U.S.C. § 1341 .

Commissioning Agents, Inc. v. Long

187 F. Supp. 3d 980 · District Court, S.D. Indiana · May 17, 2016

The party moving for transfer has the burden to establish, by reference to particular circumstances, that the transferee forum is clearly more convenient than the transferor forum. … Without more, the Defendants have failed in their burden to establish that convenience clearly favors transfer to the Western District of Washington because of the existence of non-party witnesses out *989 side the reach

SPARGER-WITHERS v. TAYLOR

District Court, S.D. Indiana · Apr 21, 2022

As a general matter, "a stay of discovery is warranted only when a party raises a potentially dispositive threshold issue such [as] standing, jurisdiction, or qualified immunity." Id. at *3. … immunity.

INDIANA MHC, LP v. HARRISON COUNTY REGIONAL SEWER DISTRICT

District Court, S.D. Indiana · May 10, 2023

fall within the parameters of legislative immunity" which immunizes them from Indiana MHC's claims. … It is well established that an official sued for conducting a legislative act is protected by absolute legislative immunity.

SHIVELY v. PLATT

District Court, S.D. Indiana · Feb 12, 2025

Shively was not subject to an objectively serious condition, they were not deliberately indifferent to the risk of asbestos exposure, and they are entitled to qualified immunity. Id. Mr. Shively has not responded. … immunity.

Hensley v. Jasper Police Department

163 F. Supp. 2d 1006 · District Court, S.D. Indiana · Sep 26, 2001

immunity. … Neither do we need to address whether Henley’s actions in serving the affidavits caused his termination, or whether the individual defendants are entitled to qualified immunity.

Vaughn v. Wernert

326 F. Supp. 3d 624 · District Court, S.D. Indiana · Jun 1, 2018

The undisputed medical evidence establishes that at or near the time of the filing of this Complaint, Ms. … And Defendants clearly indicated at the hearing in this matter that resource allocation is not an issue in this case. Ms.

PROFFITT v. JACKSON

District Court, S.D. Indiana · Jan 11, 2022

Proffitt's claims arguing that they are protected under the doctrine of qualified immunity and that he can neither establish a prima facie case of retaliation nor rebut their non-retaliatory justification for his termination … Proffitt's retaliation claims, the Court need not address the defendants' qualified immunity defense.

Stinnett v. Northwestern Mutual Life Insurance

101 F. Supp. 2d 720 · District Court, S.D. Indiana · Apr 18, 2000

Excusing compliance with policy provisions that require physician treatment during a claimed disability period is justified only when the existence of the disability is clearly established and there is a rational basis for … Stinnett suffered a qualifying disability under the terms of those policies during the time period in question.

Western Assur. Co., Inc. v. Connors

101 F. Supp. 2d 1111 · District Court, S.D. Indiana · Dec 23, 1999

We found his testimony credible and his credentials well-established. In contrast, Connor/CCG’s expert, Charles Connett, admitted that he is not qualified to appraise the hospital business, nor did he attempt to do so. … Moreover, the revenue multiplier is inherently immune from inflationary pressures since it is a proportion of revenue to sales price — the value of the dollar is irrelevant.