Case law

Auto Owners (Mutual) Insurance v. Stanley

262 F. Supp. 1 · District Court, N.D. Indiana · Jan 6, 1967

Clearly Foster failed in his responsibility. … This decision, based as it is upon ordinary legal principles, falls well within the scope of established Indiana policy.

Talley v. Review Bd., Emp. SEC. Div.

119 Ind. App. 680 · Indiana Court of Appeals · Oct 25, 1949

The legislature clearly intended that one who is receiving a pension from a fund contributed to by his employer, should not at once be eligible to receive unemployment compensation, if such would be chargeable to the experience … account of the same employer who has contributed to the pension fund established for and on behalf of such individual.

IN High School Athletic Assoc. v. Jason Carlberg

Indiana Supreme Court · Dec 19, 1998

(footnote: 6) It is clearly established that decisions of the IHSAA with respect to student-athletes constitute “state action” for purposes of federal and state constitutional review under the Equal Protection and the Privileges … and Immunities Clauses of the federal and state constitutions.

Gersh Zavodnik v. Irene Harper

17 N.E.3d 259 · Indiana Supreme Court · Sep 30, 2014

 Require the litigant to state clearly and concisely at the beginning of a motion the relief requested. … A judge's exposure to evidence through judicial sources is generally insufficient to establish bias. The fact that a litigant has appeared before a judge in prior cases does not establish bias or prejudice.

Leverett v. City of Indianapolis

51 F. Supp. 2d 949 · District Court, S.D. Indiana · May 19, 1999

CONCLUSIONS OF LAW To qualify for protection under the ADA, Plaintiff must first establish that he is “a qualified individual with a disability.” 42 U.S.C. § 12112 . … Assuming Leverett’s left ear hearing,loss constitutes a “disability” under the Act, Plaintiff must still establish that he is a “qualified individual.” See Koshinski v.

Marvin v. St. Joseph County Sheriff Department

District Court, N.D. Indiana · Jul 25, 2022

violation, the Defendant officers are still entitled to qualified immunity because the constitutional rights at issue were not clearly established. 1. … Whether the Right was “Clearly Established” The Court now considers the second prong of the qualified immunity analysis: whether the right was clearly established at the time the alleged violation occurred

Indiana v. Internal Revenue Service

38 F. Supp. 3d 1003 · District Court, S.D. Indiana · Aug 12, 2014

. § 36B; one of them is that the individual has enrolled in a qualified health plan “through an Exchange established by the State under section 1311 of the [ACA].” 26 U.S.C. § 36B(c)(2)(A)(i) (defining “coverage month” for … This assumption is clearly incorrect—Kentucky has a State Exchange, and there are undoubtedly Kentucky residents who work for Indiana employers.

Higgins v. Koch Development Corp.

997 F. Supp. 2d 924 · District Court, S.D. Indiana · Feb 5, 2014

Holiday World moves for summary judgment asserting that the Higgins cannot establish that its actions caused the alleged injuries. … According to Holiday World, the Higgins must have an expert testify in order to establish causation and survive summary judgment.

Tom v. Voida

654 N.E.2d 776 · Indiana Court of Appeals · Aug 7, 1995

identify relevant portions of the record, 'which it believes demonstrate the absence of a genuine issue of material fact" [Citation omitted] The burden then rests upon the non-moving party to make a showing sufficient to establish … The Seventh Circuit determined that Voida was "clearly justified in continuing to pursue Tom" after the first physical confrontation. Id. at 961. "By this time, she had more than probable cause to arrest Tom.

Thornton Ex Rel. Thornton v. Pender

268 Ind. 540 · Indiana Supreme Court · Jun 20, 1978

The clear implication of the Thorn-tons’ proposed duty to discover vehicles entering or about to enter a preferential highway goes well beyond the established duty to see that which is clearly visible. … The evidence established that large bushes obstructed the view of the driveway from the road except for the last several feet.

Vega v. Review Board

471 N.E.2d 1205 · Indiana Court of Appeals · Dec 18, 1984

Vega had clearly established this minimum wage credit requirement. … Vega clearly did not qualify for dependency to Vega because she was still eligible for benefits, whether she actually received them or not. *1209 Vega argues that the dependency statute technically applies because Mrs.

Endres v. Indiana State Police

794 N.E.2d 1089 · Indiana Court of Appeals · Aug 27, 2003

Also, because Endres had taken and passed the requisite tests, he was qualified to request a promotion to the rank of corporal. … Clearly, the religious liberty provisions of the Indiana Constitution were not intended merely to mirror the federal First Amendment.

Blackmon v. State

455 N.E.2d 586 · Indiana Supreme Court · Nov 1, 1983

The witness here was properly qualified as an expert witness. In fact, the trial judge required the state to establish the witness's expertise before allowing him to answer the question. … The state introduced five exhibits to establish that the defendant was an habitual offender.

Meneses v. Legunes

876 N.E.2d 1161 · Indiana Court of Appeals · Nov 30, 2007

As such, we concluded that treatment expenses of a child, re-hospitalized thirty-four days following a normal delivery, do not qualify as birthing expenses. Id. … The presumption continues until clearly overcome by a showing to the contrary. Id. Accordingly, Meneses has the burden of establishing the lack of a rational basis. Id.

Ground v. State

702 N.E.2d 728 · Indiana Court of Appeals · Nov 19, 1998

Nevertheless, the rule unequivocally requires the proponent of business records to establish, by the testimony of the custodian or other qualified witness, that the records are regularly made. As we stated in Cardin v. … If the proponent fails to establish that the evidence falls squarely within the exception, the evidence is inadmissible hearsay.

Danielle Green v. State of Indiana

65 N.E.3d 620 · Indiana Court of Appeals · Dec 16, 2016

Under this rule, a witness may be qualified as an expert by virtue of “‘knowledge, skill, experience, training, or education[,]” although only one characteristic is necessary to qualify an individual as an … The burden is on the defendant to establish that the mitigating evidence is both significant and clearly supported by the record. Corbett v. State, 764 N.E.2d 622, 630 (Ind. 2002).

In Re Paternity of ARSA

876 N.E.2d 1161 · Indiana Court of Appeals · Nov 30, 2007

The presumption continues until clearly overcome by a showing to the contrary. Id. Accordingly, Meneses has the burden of establishing the lack of a rational basis. Id. … Under Indiana's statute, when a paternity affidavit is executed, as was done here, an order establishing paternity and child support may be obtained at a child support hearing without any further proceedings to establish

BALIGA v. INDIANA HORSE RACING COMMISSION

District Court, S.D. Indiana · Mar 28, 2022

Moreover, Defendants offer no authority to support their contention that actions that are "inextricably tied" to actions that might qualify for immunity similarly qualify for immunity. … We therefore begin with the question whether the law clearly established that [the plaintiff] had a property interest . . . .").

Betts

District Court, N.D. Indiana · Mar 6, 2026

Qualified Immunity and Monell Liability Defendants also argue that summary judgment is appropriate because the individual defendants are entitled to qualified immunity and Mr. … Under the doctrine of qualified immunity, government employees are not liable “for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

State ex rel. Maxwell v. Dudley

161 Ind. 431 · Indiana Supreme Court · Nov 20, 1903

Dudley, the respondent, was the duly elected, qualified, and acting sheriff of Sullivan county, during the same period. … The complaint clearly counts upon an interest in the office of sheriff — that is, in the official franchise, acquired solely through the action of the mob in lynching appellee’s prisoner.