Case law

R.R.F. v. L.L.F.

935 N.E.2d 243 · Indiana Court of Appeals · Oct 8, 2010

In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction. … In other words, if both parties qualify for the federal tax credit or certain tax credits, the Court should allocate the expenses equitably so that qualifying parties are not unnecessarily deprived of a deduction.

David Bleeke v. Bruce Lemmon, in his capacity as Commissioner of the Indiana Department of Correction Thor R. Miller, as Chairman of the Indiana Parole Board

Indiana Supreme Court · Apr 16, 2014

The lack of immunity served legitimate purposes because part of accepting full responsibility for their actions entailed prisoners “accept[ing] the proposition that those actions carry consequences,” and guaranteeing immunity … Clearly, this is unacceptable. Id.

Jones v. Becker

212 Ind. 248 · Indiana Supreme Court · Jun 1, 1937

A hearing was had and a receiver was appointed and qualified, and proceeded with the administration according to law. … They have had their day in court, and have failed to establish illegality in the proceedings. They do not deny default in the payment of dividends and the failure to redeem matured preferred stock.

TOWNSEND v. MCWILLIAMS

District Court, S.D. Indiana · Nov 30, 2020

to qualified immunity. … Townsend must show a "clearly established" constitutional right to overcome qualified immunity).

Allen County Council v. Stellhorn

729 N.E.2d 608 · Indiana Court of Appeals · Jun 13, 2000

Pursuant to the statute, if a qualified county elected to impose the tax, the county treasurer was required to establish a “coliseum expansion fund” and to deposit all funds received from the tax in that fund upon receipt … The issue clearly depends upon the necessary impact of the 1986 amendments to the Allen County Food and Beverage Tax statute. *612 We find two principles are controlling.

City of Lafayette v. State

69 Ind. 218 · Indiana Supreme Court · Nov 15, 1879

The language of the statute is, that “ said trustees shall be elected at the annual city election by the qualified voters of said city,” etc. … The counsel for the appellant have cited two cases upoii which they rely for a reversal of the judgment below ; but we are of the opinion that they are very clearly distinguishable from the case before us.

MASHBURN v. HECHINGER

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

did, it was not clearly established that their actions would be unconstitutional. … Dismissal of a claim based on qualified immunity is only appropriate where "the plaintiffs' well-pleaded allegations, taken as true, do not 'state a claim of violation of clearly established law.'" Hanson v.

Rihl v. State

413 N.E.2d 1046 · Indiana Court of Appeals · Dec 30, 1980

The Record here clearly shows disclosure would have been neither relevant nor essential to Rihl’s defense. Rihl’s reliance upon Glover v. State, supra, is misplaced. … Rihl claims he entered into an agreement with the arresting officers which granted immunity from prosecution for these charges.

State ex rel. Taylor v. Mount

151 Ind. 679 · Indiana Supreme Court · Oct 14, 1898

The first judges were appointed by the Governor, “to serve until judges for said court shall be elected and qualified.” … If the^e is one principle that stands out more clearly in our constitution than!

Nagy Ex Rel. Nagy v. Evansville-Vanderburgh School Corp.

870 N.E.2d 12 · Indiana Court of Appeals · Jul 13, 2007

The EVSC may not charge this fee to any student who qualifies for the free reduced school lunches and/or textbook programs. … Only those students who voluntarily avail themselves of a fee-qualifying activity, service or participated in a fee-qualifying program or activity may be charged a reasonable fee.

State Ex Rel. Indiana State Police v. Arnold

906 N.E.2d 167 · Indiana Supreme Court · May 19, 2009

The Court of Appeals disagreed, finding that Reynolds "did not establish at hearing that no offense was committed." Id. at 904 . … II The State contends that subsection (£) "clearly prohibits an expungement if the disqualifiers stated in that subsection are applicable." (State's Pet. to Transf. at 8.)

Smith v. City of South Bend

73 Ind. Dec. 812 · Indiana Court of Appeals · Feb 4, 1980

Retirees assail the findings of fact and conclusions of law as being clearly erroneous. … As noted earlier, the findings of fact and judgment of the trial court were not clearly erroneous.

Lacey v. State

670 N.E.2d 1299 · Indiana Court of Appeals · Aug 21, 1996

Therefore, Lacey has failed to establish the second prong of his claim and the assertion of ineffective counsel must fail. … It is well established that a trial court has wide discretion in determining the admissibility of photographic evidence. Butler v.

Robert v. Carter

819 F. Supp. 2d 832 · District Court, S.D. Indiana · May 3, 2011

Ability to Perform Essential Functions of the Job To establish that he is a “qualified individual with a disability,” Mr. … Robert must establish not only that he has a disability within the meaning of the ADA, but also that he is qualified for the job.

Harrison v. City of Fort Wayne

District Court, N.D. Indiana · Mar 31, 2020

Qualified Immunity to Federal Claims Defendants next contend that the Defendant Officers are entitled to qualified immunity because Harrison cannot make out a violation of a clearly established … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Lawhorn v. State

452 N.E.2d 915 · Indiana Supreme Court · Aug 29, 1983

A listening post for the radio receiver unit was established in a third story room in the First Methodist Church across the street from Burton's house. … In this case, Billings' testimony established each element of the offense charged against Cox and Lawhorn.

In re Ready-Mixed Concrete Antitrust Litigation

261 F.R.D. 154 · District Court, S.D. Indiana · Sep 9, 2009

Clearly, these submissions do not fairly qual *160 ify as supplementation. Allgood, 2007 WL 647496 , at *2. … Clearly, this discussion pertains to Dr.

Brian Vukadinovich v. Kallie Lolkema and Donald Webb (mem. dec.)

Indiana Court of Appeals · Nov 17, 2020

He argues that the evidence clearly established Lolkema’s fault and liability. … However, Lolkema’s attorney’s address is not clearly visible on the copies of the qualified settlement offer included in the record.

Keybank National Ass'n v. NBD Bank

699 N.E.2d 322 · Indiana Court of Appeals · Sep 18, 1998

Whether the trial court’s determination that Keybank’s mortgage was a nullity was clearly erroneous. II. … Findings of fact are clearly erroneous only when the record lacks any evidence to support them. Id.

England v. ENBI Indiana, Inc.

102 F. Supp. 2d 1002 · District Court, S.D. Indiana · Jan 14, 2000

Although England has successfully established that she is disabled, as defined by the ADA, she has failed to establish that she is a “qualified individual” with a disability, for the reasons explicated below. 1. … Although she cites other production jobs available at ENBI, she makes no effort to establish that she was qualified for any of them. See Additional Material Facts ¶ 113.