Case law
Opinions from 1658 to today.
1,350 results
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CLEMONS v. INDIANA UNIVERSITY LAW SCHOOL
District Court, S.D. Indiana · Mar 29, 2021
Even if Clemons had properly pleaded individual capacity claims, Jane Doe #1 enjoys qualified immunity at least because Clemons has failed to identify the violation of any right that enjoys clearly established federal … The University and its arms cannot be sued di- rectly for declaratory relief because of state sovereign immunity. See Benning, 928 F.2d at 777.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Aug 22, 2019
“For a delay in treatment to qualify as deliberate indifference, we must weigh the seriousness of the condition and the ease of providing treatment.” Id. (internal quotation omitted). … To certify a class, a plaintiff must establish, among other things, that he will “fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a).
Cited 0 timesUnknown458 F. Supp. 2d 944 · District Court, S.D. Indiana · Sep 18, 2006
In Reiser, the First Circuit simply concluded that a minor child did not qualify as a lessee and, therefore, could not enforce the disclosure provisions of RLPHRA. Heiser, 403 F.3d at 31-32 . … In this case, Congress has clearly created a private right of action under RLPHRA.
Cited 2 timesPublishedAm. Homeland Title Agency, Inc. v. Robertson
348 F. Supp. 3d 852 · District Court, S.D. Indiana · Sep 28, 2018
Defendant argues that Plaintiffs' claim for damages against him in his individual capacity should be dismissed for two *864 independent reasons: (1) he was acting as an adjudicative decision-maker clothed with absolute immunity … Under the Daubert framework, the district court is tasked with determining whether a given expert is qualified to testify in the case in question and whether his testimony is scientifically reliable.
Cited 2 timesPublishedDistrict Court, S.D. Indiana · Jul 8, 2022
By arguing Plaintiffs' claims are not actionable under the FTCA, the United States has invoked sovereign immunity. "Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit." … The FTCA waives sovereign immunity as to certain tort claims. 28 U.S.C. § 1346(b).
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Oct 17, 2019
Discussion As explained below, Perry has failed to establish his right to injunctive relief. … He concludes therefore that he cannot be immune to Hepatitis B.
Cited 0 timesUnknownDistrict Court, S.D. Indiana · Nov 23, 2020
Qualified Immunity Officer Yeley argues that to the extent Ms. Capps’ constitutional rights were violated, he is entitled to qualified immunity. … 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.
Cited 0 timesUnknown581 F. Supp. 2d 1013 · District Court, S.D. Indiana · Sep 10, 2008
In Petrig’s case he clearly was suffering from a lacerated spleen, as he ended up having his spleen removed. … Petrig has clearly demonstrated facts sufficient to show that officers at the Posey County Jail were deliberately indifferent. B.
Cited 3 timesPublishedSpencer v. Liberty Mutual Insurance
381 F. Supp. 2d 811 · District Court, S.D. Indiana · Aug 9, 2005
Under Indiana law, “if a person qualifies as an insured under the liability section of the policy, he must also qualify under the uninsured motorist section or the insurance contract violates public policy.” Smith v. … Compliance with traffic laws clearly is at least “incidental” to the job duties of a truck driver, if not essential.
Cited 5 timesPublishedPaul Harris Stores, Inc. v. Mabel L. Salter Realty Trust (In Re Paul Harris Stores, Inc.)
148 B.R. 307 · District Court, S.D. Indiana · Nov 3, 1992
Finally, the debtor’s risk of loss is clearly limited by statute. … Post-petition rent generally qualifies for administrative expense treatment under the Bankruptcy Code, giving it certain priority over other claims against the estate. 11 U.S.C. § 507 (a)(1).
Cited 16 timesPublishedMARES v. CENTURION HEALTH OF INDIANA, LLC
District Court, S.D. Indiana · Mar 15, 2024
Therefore, the Court need not address qualified immunity that those rights were not clearly established. See, e.g., Mucha v. … Village of Oak Brook, 650 F.3d 1053, 1057-58 (7th Cir. 2011) (where there is no constitutional violation, defendants "do not require the additional protection of qualified immunity"). Covid.
Cited 0 timesUnknown830 F. Supp. 475 · District Court, S.D. Indiana · Jul 21, 1993
Nothing in the complaint establishes why the judge should be prohibited from being in these organizations [i.e. GIPC & IFPI]. … or inferred in light of the established and uncontroverted facts.
Cited 12 timesPublishedDistrict Court, S.D. Indiana · Nov 18, 2019
On February 7, 2019 the Seventh Circuit issued a mandate affirming the district court’s determination that Benner is not entitled to qualified immunity in this action for malicious prosecution filed by Plaintiff … Second, the methods Benner employed in investigating Ruth’s murder are not immune to standard or accepted practices.
Cited 0 timesUnknown259 F. Supp. 2d 741 · District Court, S.D. Indiana · Jan 15, 2003
An incorrect application of clearly established federal law is not necessarily an unreasonable one. Hough v. Anderson, 272 F.3d 878, 890 (7th Cir.2001). … The Indiana Supreme Court’s conclusion on this point is not an unreasonable application of clearly established federal law. 3. Summary.
Cited 12 timesPublishedArnold v. State Farm Mutual Automobile Insurance
158 F. Supp. 1 · District Court, S.D. Indiana · Jan 15, 1958
With this observation clearly in mind, further analysis convinced the court even more strongly that the apparent similarity between the instant permission — deviation from permission situation and the more familiar agency … Co., 21 had considerably qualified the liberal rule adopted in Stovall v.
Cited 2 timesPublished78 F. Supp. 2d 833 · District Court, S.D. Indiana · Apr 27, 1999
The police clearly could not have searched her house thoroughly at that time. See Chimel v. California, 395 U.S. 752, 763 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969). … Davidson, 133 F.3d 189, 198-99 (2d Cir.1998) (reversing denial of qualified immunity in civil rights action; it was reasonable for police investigating domestic disturbance to make a quick visual search of rooms in the house
Cited 1 timesPublishedDistrict Court, S.D. Indiana · Feb 26, 2026
regulation, custom or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Supreme Court has stated that "the factors necessary to establish a Bivens violation will vary with the constitutional provision at issue." Ashcroft v. Iqbal, 556 U.S 662, 676 (2009). From the outset, Ms.
Cited 0 timesUnknownState Farm Mutual Automobile Insurance v. Smith
812 F. Supp. 141 · District Court, S.D. Indiana · Dec 15, 1992
State Farm is incorporated in, and has its principal place of business in Illinois, and is qualified to do business in Indiana and Kentucky. The policy was negotiated and issued in Indiana. … Coverage Under The Policy: The Smith policy is not ambiguous, and does clearly exclude liability coverage under the present facts.
Cited 2 timesPublishedDistrict Court, S.D. Indiana · Jun 17, 2026
When screening a complaint, the Court must dismiss any portion that is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune … Lake County, 33 F.4th 960, 966 (7th Cir. 2022) (explaining that a disability-based equal protection challenge to pension-plan offerings “qualifies . . . for rational basis review”); Mullins v.
Cited 0 timesUnknown
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