Case law

MAXWELL v. STOUT

District Court, S.D. Indiana · Oct 23, 2023

On August 3, 2023, the Court granted summary judgment in favor of Defendants on qualified immunity grounds and entered final judgment. Dkt. 34, 35. Two weeks later, Mr. … Maxwell's responsibility to manage his case and "is well established that carelessness or a lack of due care on the part of a litigant . . . does not provide a basis for relief under Rule 60(b)." McLaughlin v.

MARTIN v. VAUGHN

District Court, S.D. Indiana · Aug 24, 2023

Alternatively, Sergeant Vaughn asserts that he is entitled to qualified immunity on Mr. Martin's excessive force claims. Id. at 11-14. Sergeant Vaughn also contends that summary judgment is appropriate on Mr. … Martin's Eighth Amendment claim, the Court need not address whether he is entitled to the defense of qualified immunity. See dkt. 41 at 11-14.

PAYNE v. HOMERIVER GROUP

District Court, S.D. Indiana · Apr 3, 2025

This very limited information is not enough for the Court to determine whether Payne qualifies to proceed in forma pauperis. Her motion (Dkt. 2) is therefore denied, but Ms. … These Motions identify no basis for emergency relief pursuant to Federal Rule of Civil Procedure 65, nor do they establish this Court's jurisdiction.

JOHNSON v. VOTAW

District Court, S.D. Indiana · Mar 23, 2023

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. … Certainly, Defendant has not established that discovery would be so burdensome that it constitutes sufficient cause to set aside the typical timing and staging of a civil case.

Sheyanne Van Matre individually and as parent and natural guardian of Kenyana Badders and Karter Van Matre, deceased minors v. United States of America, Muncie Housing Authority

District Court, S.D. Indiana · May 7, 2026

Under HUD's regulatory scheme, a public housing authority may issue a rental voucher to a qualifying tenant/family, who then selects a privately- owned unit to lease. … App'x 467, 468 (7th Cir. 2013) ("[T]he statute requires the federal agency only to establish 'housing quality standards' and the local housing authority to conduct inspections so that the unit is maintained according to

Allen v. City of Carmel

830 F. Supp. 482 · District Court, S.D. Indiana · Sep 3, 1993

The rank of Major qualified as an “upper level policy making position” under Ind. … Svetanoff, 878 F.2d 186 (7th Cir.1989) (court reporter had no property interest in her job because Indiana statute established that she was employee at will).

Eaton v. Onan Corp.

117 F. Supp. 2d 812 · District Court, S.D. Indiana · Sep 29, 2000

In 1952 Onan established the Profit Sharing Plan, which was a defined contribution employee pension benefit plan under ERISA. … However, the Seventh Circuit has clearly held that 26 U.S.C. § 401 (a) and the regulations promulgated pursuant to it cannot *848 support actions for relief under ERISA. See Reklau v.

Webster v. Cdi Ind., LLC

337 F. Supp. 3d 818 · District Court, S.D. Indiana · Aug 29, 2018

"Amendment of the judgment is proper only when 'the movant presents newly discovered evidence that was not available at the time of trial or if the movant points to evidence in the record that clearly establishes a manifest … Therefore, the fact that CDI is not a qualified health care provider under the Act does not mean that it is not a health care provider or that it could not become a qualified health care provider under the Act.

Progressive Cas. Ins. Co. v. KS

731 F. Supp. 2d 829 · District Court, S.D. Indiana · Aug 2, 2010

Progressive argues that Luallen's actions of "mooning" qualified as a criminal act for the purposes of the insurance policy. Section 35-45-4-1.5 of the Indiana Code does *836 make public nudity a crime. … Therefore, undisputed facts establish that Luallen did commit the crime of "public nudity," even though he was never charged or convicted of that offense.

Mary M. v. North Lawrence Community School Corp.

951 F. Supp. 820 · District Court, S.D. Indiana · Jan 6, 1997

its verdict; and the jury announced a deadlock soon after the judge denied its request to qualify its verdict. … It is well established that the costs of computer research “are attorney’s fees and may not be recovered as costs”. Haroco, Inc. v. American Nat. Bank and Trust Co.

Common Cause Ind. v. Marion Cnty. Election Bd.

311 F. Supp. 3d 949 · District Court, S.D. Indiana · Apr 25, 2018

voting, the state must administer that privilege evenhandedly."). 13 This answers the State's oft-rejected argument that, because there is no constitutional right to EIP voting, the Board's provisions for EIP voting are immune … The statute clearly provides that the other two members of a county election board are "appointed by the circuit court clerk[.]" Ind. Code § 3-6-5-2 (2).

WINDLE v. STATE OF INDIANA

District Court, S.D. Indiana · Dec 10, 2019

Windle from the crowd of protesters was objectively reasonable, which is to say, clearly not excessive, under the circumstances. However, Mr. Windle is claiming that after he complied with Lt. … Windle’s arguments to overcome statutory immunity all rely on inferences based on the absence of probable cause, “the presence of probable cause … establishes the immunity.” Holland v.

JACKSON v. BARRETT & STOCKELY MANAGEMENT, LLC

District Court, S.D. Indiana · Apr 28, 2023

Cook County, 833 F.3d 728, 743 (7th Cir. 2016) (finding that a court may take judicial notice of an action of other courts or the contents of filings in other courts to establish the fact of such litigation and related … The Anti-Injunction Act is "a clearcut prohibition" against enjoining state court actions "qualified only by specifically defined exceptions," which "should not be enlarged by loose statutory construction."

Baird v. Consolidated City of Indianapolis

830 F. Supp. 1183 · District Court, S.D. Indiana · Jun 25, 1993

Five months later, the parties established a schedule for determining whether or not this litigation would be continued. … This clearly suggests that, indeed, the defendants would not have redistricted until 1992 (after the next election) but for the plaintiffs’ lawsuit.

Hines v. Marion County Election Board

166 F.R.D. 402 · District Court, S.D. Indiana · Sep 27, 1995

If a defendant has not been prevailed against, either because of immunity or on the merits, a fee award is not authorized against that defendant. Id. (citing Kentucky v. … Together, the causal relationship, the law’s enactment, and its subsequent implementation by the Township Defendants, qualify the Voters as prevailing parties.

Roddy v. Canine Officer

293 F. Supp. 2d 906 · District Court, S.D. Indiana · Nov 18, 2003

“To the extent that the policy authorizes police officers to use canine force against suspects who pose a threat to an arresting officer or to the community, the policy is clearly constitutional under the dictates of Tennessee … The first involves various claimed immunities to Plaintiffs’ claims. The second involves what Defendants describe as a “novel strict liability claim.” [Docket No. 29, p. 20].

WHITE-BEY v. HOLCOMB

District Court, S.D. Indiana · Nov 16, 2020

. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. … To establish a violation of Title II of the ADA, "the plaintiff must prove that he is a 'qualified individual with a disability,' that he was denied 'the benefits of the services, programs, or activities of a public entity

CAMM v. CLEMONS

District Court, S.D. Indiana · Nov 9, 2021

He contends that it is well established "police officers have no duty to investigate extenuating circumstances or search for exculpatory evidence once probable cause has been established via the accusation of a credible … or from individuals who may be qualified but were not otherwise properly designated.

Hunt Paving Co. v. City of Indianapolis

800 F. Supp. 740 · District Court, S.D. Indiana · Aug 19, 1992

by Rule 56(e) to establish a genuine issue of fact. … Although Hunt Paving has not established any “contact” with the rest of the MBE/WBE Program, it sought to establish other injuries from the Program.

Dillinger, LLC v. Electronic Arts Inc.

795 F. Supp. 2d 829 · District Court, S.D. Indiana · Jun 15, 2011

While EA offers other additional arguments about why the Complaint fails to plead conversion, the Court will only address one, which is clearly dispositive. … Because, as discussed above, the Plaintiff can’t establish conversion, it necessarily can’t establish theft either.