Case law

Shipley v. Dugan

874 F. Supp. 933 · District Court, S.D. Indiana · Jan 19, 1995

Plaintiffs ability to prove her case has clearly been burdened by Defendants’ destruction of the relevant employment records. … In support of their contention, the Judges argue,that the record clearly demonstrates that Plaintiff was less qualified than the individuals selected in either 1987 or 1989.

Bennett v. State

801 N.E.2d 170 · Indiana Court of Appeals · Dec 8, 2003

The use of the term does not establish that the terms "blood" and "body" refer to the same thing. II. … The presumption continues until clearly overcome by a showing to the contrary. Id. Thus, Bennett has the burden of establishing the lack of a rational basis. See Uhl v.

LaRue v. Fazio

District Court, N.D. Indiana · May 6, 2024

Corporal Fazio asserts qualified immunity. … “A constitutional right is ‘clearly established’ for qualified-immunity purposes where [t]he contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that

SEAY v. CITY OF INDIANAPOLIS

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

Qualified immunity protects the police officer defendants from liability unless "(1) the defendant violated a constitutional right, and (2) that right was clearly established at the time of the alleged violation." … "Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Kisela v. Hughes, 138 S.

O'NEAL v. State

716 N.E.2d 82 · Indiana Court of Appeals · Sep 16, 1999

Constitution with respect to establishing guilt beyond a reasonable doubt with probative evidence). … I don’t know if he’s qualified to test to that— to testify to that. COURT: I think he qualified himself earlier. He may answer. A. No. Q.

Henderson v. Zurn Industries, Inc.

131 F.R.D. 560 · District Court, S.D. Indiana · Jun 14, 1990

The problem, however, lies in whether such statements are excluded under the “work product” doctrine that was established in the landmark decision of Hick *569 man v. … The buyer asserted that the two documents were protected by Rule 26(b)(3)’s work product immunity. Id. at 1118 .

Graham v. Lennington

74 B.R. 963 · District Court, S.D. Indiana · Jun 23, 1987

establishing the grounds for such transfer, when supposedly competent businessmen part with large sums of money and retain no records and request no documentation, the transaction hardly qualifies as ordinary. … As stated earlier, the record on appeal does not establish that Graham or Purnell-Graham Company owed McDonald any money or that McDonald transferred those obligations to Ontario, Inc.

BROOKS v. CITY OF CARMEL

District Court, S.D. Indiana · Sep 15, 2020

To overcome qualified immunity, Brooks must show there was a clearly-established constitutional right (defined with appropriate specificity) at the time of the incident, see Hernandez v. … Regarding Haney's claim to qualified immunity, in making this determination, the Court considers whether the facts demonstrate a constitutional violation and whether the constitutional right was clearly established at the

Mogilner v. METROPOLITAN PLAN COMM., ETC.

236 Ind. 298 · Indiana Supreme Court · Feb 6, 1957

The Act establishes a metropolitan plan commission and vests in this commission the power to establish a master plan for all areas within the county. … it clearly appears that the legislative classification is not based on substantial distinctions with reference to the subject-matter, or manifestly unjust or unreasonable. . .

State Ex Rel. Katherine Hamilton Mental Health Center, Inc. v. Clay County

474 N.E.2d 127 · Indiana Court of Appeals · Feb 14, 1985

Thus, the issue is whether CCARC and/or CARS qualifies as a community mental health center. … However, the statute clearly states that the Department shall approve the budget after "review of the participating county councils".

Losiniecki v. American States Insurance Co.

610 N.E.2d 878 · Indiana Court of Appeals · Mar 22, 1993

However, Losiniecki fails to establish that he is legally entitled to recover damages from Officer Coan. … Nevertheless, the insurance policy issued by American was attached to American's motion for summary judgment and it was clearly considered by the trial court in granting the summary judgment.

In Re the Marriage of Preston

704 N.E.2d 1093 · Indiana Court of Appeals · Jan 29, 1999

We will not set aside the findings or judgment unless clearly erroneous. Id. Findings are clearly erroneous when the record contains no facts to support them either directly or by inference. Quillen v. … Section 411 establishes the vesting requirements for pensions governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). Homer H.

Indiana State Highway Commission v. Rickert

412 N.E.2d 269 · Indiana Court of Appeals · Nov 13, 1980

Not having obtained a permit the Commission clearly violated,the act. … That exhibit clearly states that plaintiff’s application was refused without a consideration of the proposed sublessee’s qualifications but on the ground that it was the long-established policy of the building to deny such

Vottero v. Sirocky

District Court, N.D. Indiana · Sep 8, 2023

Government officials, like the individual defendants named in this case, are entitled to immunity “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … constitutional standards at issue were clearly established at the time of the alleged violation.”

Evans v. Yankeetown Dock Corp.

481 N.E.2d 121 · Indiana Court of Appeals · Jul 29, 1985

Procedurally, "[the party seeking the summary judgment has the burden of establishing that there are no material facts in controversy and any doubt will be resolved against the moving party. … Once its jurisdiction is established, the Industrial Board then determines whether such injury or death arose out of and in the course of employment.

United States v. Griffin

401 F. Supp. 1222 · District Court, S.D. Indiana · Oct 3, 1975

Area management broker contracts are awarded based on a bidding procedure among qualified real estate brokers in a given area. … A contracting officer for HUD awards the area contract to the lowest bidder qualifying under HUD standards.

Caldwell v. Malave

District Court, N.D. Indiana · Dec 17, 2020

Defendants argued that they are entitled to quasi-judicial immunity or qualified immunity. … A finding of qualified immunity is appropriate where: (1) the alleged conduct violated the plaintiff’s constitutional rights, and (2) those rights were clearly established at the time the violation occurred. Sherman v.

Stahl v. State

686 N.E.2d 89 · Indiana Supreme Court · Sep 24, 1997

Because the circumstances under which this affidavit was given.do not establish sufficient indicia of truthfulness, it does not qualify under the 803(15) exception to the hearsay rule. … If believed, this statement definitively establishes that the money was stolen.

Matter of Berndt

34 B.R. 515 · United States Bankruptcy Court, N.D. Indiana · Nov 1, 1983

. § 401 (a) (1976), in order to qualify the Fund as tax exempt. … Clearly he was both the settlor and beneficiary. Debtors argue that the Sears Plan’s anti-alienation provision precludes the debtors’ funds from passing to the bankruptcy estate.

Jones v. Housing Authority of the City of South Bend

915 N.E.2d 490 · Indiana Court of Appeals · Oct 23, 2009

A judgment is clearly erroneous when a review of the record leaves us with a firm conviction that a mistake has been made." Id. at 1228 . … To establish a prima facie claim of discrimination under the Rehabilitation *495 Act and Title II of the ADA, Jones must show: (1) he is disabled as defined by the act; (2) he is otherwise qualified for participation or the