Case law

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.)

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.

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.

Wight v. Kosciusko County Office of Family & Children

712 N.E.2d 1081 · Indiana Court of Appeals · Jul 14, 1999

For findings of fact to be clearly erroneous, the record must lack any evidence or reasonable inferences from the evidence to support them. Id. … It is well established that the Fourteenth Amendment of the United States Constitution protects the traditional right of parents to establish a home and raise their children.

Benefield v. State

945 N.E.2d 791 · Indiana Court of Appeals · Apr 14, 2011

Case Summary and Issues Gloria Benefield presented a document at a job interview showing that she was certified as a Qualified Medication Aide (“QMA”). It was later discovered that she was not QMA certified. … Specifically, Benefield applied for a position as a Qualified Medication Aide (“QMA”), for which one needs certification from the Indiana Department of Health.

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.

Marschand v. Norfolk & Western Railway Co.

876 F. Supp. 1528 · District Court, N.D. Indiana · Feb 10, 1995

NW contends this language clearly precludes Marschand from recovering for any emotional damages not caused by fear for his own safety. … From this listing the Court finds only 5 positions filled in the Ohio/Indiana region that clearly fall under the categories Marsehand claims he is qualified for: four positions with the Railroad police, and one yard clerk

Board of Commissioners v. Johnson

7 L.R.A. 684 · Indiana Supreme Court · Apr 25, 1890

In September, 1889, the board of commissioners appointed Thomas Crosson to the office, and he accepted and qualified. … These facts, as we.are satisfied, clearly distinguish the case from the case to *148 which we have referred, for much more than the simple approval or rejection of the bond is involved.

Hench v. State ex rel. O'Rourke

72 Ind. 297 · Indiana Supreme Court · Nov 15, 1880

At the general election of the second Tuesday in October, 1867, there shall be elected, by the qualified voters of each of said circuits, a judge and prosecuting attorney, who shall be commissioned and qualified, and hold … Clearly, therefore, the length of his term of office was not a question for decision, either in the trial court or in this court. .

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.

Lockhart v. State

609 N.E.2d 1093 · Indiana Supreme Court · Mar 8, 1993

"However, the repeated commission of similar crimes is not enough to qualify for the exception to the general rule. … The court then told the jury the elements the State must prove to establish the two charged aggravating circumstances.

Baird v. ASA COLLECTIONS

910 N.E.2d 780 · Indiana Court of Appeals · Jul 15, 2009

We will not reverse the trial court's findings and judgment unless they are clearly erroneous. … Baird claims that the "FDCPA governs the actions of ASA in this matter and ... the facts established at trial clearly support only one conclusion, that ASA violated the provisions of that Act." Appellant's Br. p. 7.

State Board of Registration for Professional Engineers v. Eberenz

723 N.E.2d 422 · Indiana Supreme Court · Feb 10, 2000

Indiana Code § 25-31-1-12(a) (1993) establishes the minimum evidence, or “requirements for registration,” that must be demonstrated by an applicant in order to qualify for registration as a professional engineer. … Eberenz’s argument clearly stands or falls on the meaning of the term “applicant” as it is used in subsection (c). We look to the regulation’s “Definitions” section to determine the meaning of the word “applicant.”

THORNE v. PICKRELL

District Court, S.D. Indiana · Oct 14, 2021

Thorne was fleeing from a valid outstanding warrant, and that all of the officers are entitled to qualified immunity because their actions did not violate clearly established law. … arrest violated clearly established law.

County of Lake and the Lake County Plan Commission v. Alan J. Pahl and Roderick Pahl

28 N.E.3d 1092 · Indiana Court of Appeals · Mar 31, 2015

From the enactment of the 1957 Zoning Ordinance through June 13, 1995, the Property was zoned A-1, which established its classification as an agricultural zone. … Consequently, the Appellants maintain that the trial court’s findings and conclusions were clearly erroneous.

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.

Berg v. Health & Hosp. Corp. of Marion County, Ind.

667 F. Supp. 639 · District Court, S.D. Indiana · Aug 25, 1987

Of specific danger is the sexually transmissable (sic) disease of Acquired Immune Deficiency Syndrome, which is currently found to be irreversible and uniformly fatal. … Health & Hospital clearly has a substantial interest in decreasing the spread of AIDS in Marion County.

Herron v. Stanton

79 Ind. App. 683 · Indiana Court of Appeals · Oct 7, 1920

The word “when” denotes time, and the expression “when established” fixes the time as after establishment. … The expression “when maintained” carries with it the idea of continuing the particular name or names after they are established. Clearly this condition is not precedent to the vesting of the estate.

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

Indiana Court of Appeals · Aug 27, 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.

Dartey v. Ford Motor Co.

104 F. Supp. 2d 1017 · District Court, N.D. Indiana · Jul 10, 2000

Thus, Wulpi is clearly qualified by both education and experience to testify regarding metallurgical matters. … See Smith, 215 F.3d 713, 719 (“if [the expert] was merely applying well-established engineering techniques to the particular materials at issue in this case, then his failure to submit those techniques to peer review establishes