Case law

GEORGE v. INDIANA GAMING COMMISSION

District Court, S.D. Indiana · Apr 6, 2021

The motion "will be successful only where the movant clearly establishes: (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment." … [t]he evidence supports the Defendant's contention that Quist, Brady's hire for the position in 2018, was better qualified for that position.

OLSON

District Court, S.D. Indiana · Sep 8, 2026

However, Olson's response brief clearly identifies his disability as Attention-Deficit/Hyperactivity Disorder, and the Court is free to consider materials or elaborations in a response brief "so long as those materials … (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing

Beachy v. BOARD OF AVIATION COM'RS OF KOKOMO, IND.

699 F. Supp. 742 · District Court, S.D. Indiana · Nov 21, 1988

But, section 4602 reads: "section 4651 of this title creates no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation". 42 U.S.C. § 4602 . [1] Clearly, Congress did … The court found that the provision of the Housing Act at issue did not establish an independent duty on the part of the defendant District of Columbia under section 1983.

MCCARTHY v. CARTER

District Court, S.D. Indiana · Dec 4, 2024

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 … As a practical matter, there are not enough lawyers willing and qualified to accept a pro bono assignment in every pro se case. See Watts v.

RICE v. NIBARGER

District Court, S.D. Indiana · Jan 7, 2025

Rice's Fourth Amendment excessive force claim on the grounds that his use of force was objectively reasonable, and he is entitled to qualified immunity. Because we find for the reasons detailed below that Sgt. … Nibarger's body camera establishes that, immediately after Sgt. Nibarger announced his presence, Mr. Rice fled toward a dark corner of the backyard. Mr.

Printpack, Inc. v. GRAPHIC COMMUNICATIONS UNION LOCAL 761-S

988 F. Supp. 1201 · District Court, S.D. Indiana · Jul 15, 1997

In order to establish a violation under § 158(b)(4), a plaintiff must satisfy two separate prongs. … According to plaintiff, such acts of sabotage clearly indicated that the letter posed present threats to Printpack’s customers about the quality of the company’s product.

Springs Valley Bank & Trust Co. v. Carpenter

885 F. Supp. 1131 · District Court, S.D. Indiana · Oct 21, 1993

(“Kimball”), of Jasper, Indiana, which maintains an E.R.I.S.A-qualified employee health benefits plan. … Plan, 905 F.2d 798 , 802 n. * (4th Cir.1990), the Circuit clearly abandoned this reluctance later, see Glocker v. W.R.

Reich v. Minnicus

886 F. Supp. 674 · District Court, S.D. Indiana · Jul 22, 1993

Section 1983 provides a private tort remedy against state actors who deprive persons of “rights, privileges, or immunities secured by the Constitution and laws____” 42 U.S.C. § 1983 . … In the present case, therefore, the plaintiffs argument that his alleged consents were “invalid — worthless” as a matter of law merely because he contends that the weight of the evidence established the defendants’ initial

GALVAN v. STATE OF INDIANA

District Court, S.D. Indiana · Jan 5, 2022

Galvan's supervisory experience rendered him so clearly better qualified than Ms. … Galvan claims that he was clearly more qualified than the woman selected for the position, Ms.

COUNCIL

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

See id. at 937-38 (noting for qualified immunity purposes that federal prison medical and correctional staff "can consult decades of circuit precedent applying the deliberate-indifference standard" in state … BOX 33 TERRE HAUTE, IN 47808 6 The Court need not address Defendants’ argument that they are entitled to qualified immunity on all of Mr. Council's claims. 21

GRASSE v. MELLINGER

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

"A pattern of similar constitutional violations" is "ordinarily necessary" to establish the claim. Id. at 62. … Grasse cannot establish Monell liability for the reasons above, the Court does not address Defendants' qualified-immunity argument or whether the standard for medical care is deliberate indifference or objective reasonableness

K.R. Ex Rel. M.R. v. Anderson Community School Corp.

887 F. Supp. 1217 · District Court, S.D. Indiana · May 25, 1995

First, as explained above, McNair dealt with a service that was not sufficiently related to the particular child’s needs in order to qualify under the IDEA. … Despite this apparent dissonance, the Department of Education ruling cited by the Fourth Circuit states clearly that whether a public school system must provide a particular ser *1225 vice in a private school depends on the

McCoy v. Richards

623 F. Supp. 1300 · District Court, S.D. Indiana · Oct 11, 1984

Thus, the Richards argue that the act of executing a lease should qualify as a “use” of the mineral interest. … Once the criteria for establishing adverse possession have been met, the disseisor becomes possessed of a vested right or title to the property without the necessity of further action on the part of the disseisor.

Estate of Williams v. SOUTHERN IND. GAS AND ELEC.

551 F. Supp. 2d 751 · District Court, S.D. Indiana · Mar 7, 2008

The words, “growing out of the performance of the Contract,” are clearly broader in scope than “the doing of any work.” … Clearly, it would be liable for such fees.

In re August, 1993 Regular Grand Jury

854 F. Supp. 1380 · District Court, S.D. Indiana · May 20, 1994

(B) To qualified personnel for the purpose of conducting scientific research management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient … [The Hospital], in its capacity as a custodian of patient records, clearly fails to fall within the plain language of either prong of this definition, thereby excluding it from those authorized to claim the privilege on behalf

HOLLEMAN v. ELLIS

District Court, S.D. Indiana · Sep 29, 2022

immunity. … Holleman bears the burden of establishing Article III standing. Bryant v. Compass Group USA, Inc., 958 F.3d 617, 620 (7th Cir. 2020).

GEFT Outdoor LLC v. Consolidated City of Indianapolis

187 F. Supp. 3d 1002 · District Court, S.D. Indiana · May 20, 2016

The Sign Ordinance thus clearly subjected noncommercial opinion signs 'to restrictions different from other sign types that also received exemptions from the ILP requirement, including, inter alia, “real estate signs” and … Assuming that the City’s stated reasons actually qualify as compelling government interests, it has failed to establish that the noncommercial exemption is narrowly tailored to further those interests.

Quanta Indemnity Co. v. Davis Homes, LLC

606 F. Supp. 2d 941 · District Court, S.D. Indiana · Mar 26, 2009

under Indiana law that insurers have the right to limit their coverage of risks as long as those limitations are clearly expressed and consistent with public policy. … However, under Indiana law, "the characterization of a claim as derivative or independent is irrelevant to whether the claim qualifies as a separate bodily injury under an insurance policy.” Allstate Ins. Co. v.

MIMS v. ZATECKY

District Court, S.D. Indiana · Sep 3, 2021

But a temporary neglect of an inmate's hygienic (or sanitary) needs is insufficient to establish a deprivation of a constitutional magnitude. See Williams v. … An amended complaint must have the words "Amended Complaint” on its front page, as well as this action's case number — 1:21-cv-01169-TWP-TAB - clearly shown.

COOK v. ZATECKY

District Court, S.D. Indiana · Jun 29, 2021

screen the complaint and dismiss a complaint or any claim within it which “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune … Cook's health record to clearly support a mental health status classification assignment and reflect his actual mental health needs. Mr.