Case law

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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 timesUnknown
  • JEFFERS v. CARTER

    District 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 timesUnknown
  • McCormick v. Kissel

    458 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 timesPublished
  • Am. 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 timesPublished
  • FOSNIGHT v. United States

    District 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 timesUnknown
  • PERRY v. GREGORY

    District 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 timesUnknown
  • CAPPS v. YELEY

    District 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.

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  • PETRIG v. Folz

    581 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 timesPublished
  • Spencer 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 timesPublished
  • Paul 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 timesPublished
  • MARES 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 timesUnknown
  • Sexson v. Servaas

    830 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 timesPublished
  • RAINSBERGER v. BENNER

    District 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 timesUnknown
  • WHITE

    District Court, S.D. Indiana · Aug 17, 2026

    immunity. … immunity.

    Cited 0 timesUnknown
  • Conner v. Anderson

    259 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 timesPublished
  • Arnold 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 timesPublished
  • United States v. Gosha

    78 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 timesPublished
  • WEST

    District 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 timesUnknown
  • State 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 timesPublished
  • GODFREY

    District 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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