Case law

Stockberger v. United States

225 F. Supp. 2d 949 · District Court, S.D. Indiana · Sep 11, 2002

As the Court previously concluded, those Indiana cases are clearly distinguishable from the present facts. … The instant case is clearly distinguishable from the circumstances the Seventh Circuit was referring to in Jackson .

Jeff Lane v. Menard, Inc.

Indiana Court of Appeals · Jul 26, 2024

The Defendants argued that they were statutorily immune from suit because they had probable cause to detain Lane. … The Act clearly and unambiguously applies when the merchant or its agent has probable cause to believe that a theft “is occurring,” referring to something that is presently occurring, or “has occurred,” referring to something

State ex rel. Indianapolis Water Co. v. Boone Circuit Court

261 Ind. 583 · Indiana Supreme Court · Mar 6, 1974

Instructions 10E and 7E both clearly indicate that the difference between the book cost and the sale price shall be credited as surplus. … As an administrative agency, it is pre *588 sumed to be qualified by knowledge and experience to perform this function.

Monroe County Assessor v. SCP 2002 E19 LLC 6697, a/k/a CVS 6697-02

77 N.E.3d 270 · Indiana Tax Court · May 25, 2017

The Monroe County Assessor challenges the Indiana Board of Tax Review’s final determination establishing the assessed value of SCP 2002 E19 LLC 6697’s, a/k/a CVS 6697-02, (“CVS”) real property for the 2007 through 2013 … “An abuse of discretion may occur if the Indiana Board’s decision is clearly against the logic and effect of the facts and 6 circumstances before it, or if the Indiana Board

Matter of Brown

636 N.E.2d 1249 · Indiana Supreme Court · Jun 29, 1994

The facts recited here clearly and convincingly establish that Respondent violated Ind.Professional Conduct Rule 3.4(c) by failing to personally pay the discovery expenses the Jay Circuit Court ordered him to pay. … Although restitution is occasionally considered a mitigator, forced or compelled restitution, such as that occurring after disciplinary proceedings are initiated, does not qualify as such.

Stone - RESTRICTED - ACCEPT NO DOCUMENTS v. Whitt

District Court, N.D. Indiana · Aug 9, 2019

The Seventh Circuit has stated that “[b]ecause a qualified immunity defense so closely depends ‘on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’” … It was clearly established at the time of the stop that a traffic stop is unlawful if not supported by reasonable suspicion of criminal activity or probable cause that a traffic violation occurred.

EVE v. BURTRON

District Court, S.D. Indiana · Dec 11, 2023

Qualified Immunity Defendants also argue that they are entitled to qualified immunity on all of Ms. Eve's and Ms. … "A public official is entitled to qualified immunity from suit unless he violated a clearly established constitutional right." Dockery v.

Zieba v. Showboat Marina Casino Partnership

361 F. Supp. 2d 838 · District Court, N.D. Indiana · Jan 14, 2005

If Zieba can establish that, he must then show that Harrah’s failed to reasonably accommodate his disability. Id. … Larsen’s report clearly implies that the restrictions were of a permanent nature”); Amadio, 238 F.3d at 928 .

Hanley v. STATE, DEPT. OF CONSERVATION

234 Ind. 326 · Indiana Supreme Court · Dec 21, 1954

From Colonial times it has been established legislative policy to grant to veterans of certain wars or campaigns material benefits in appreciation of their military services. … Unless an act is clearly unconstitutional, the doubt must be resolved in favor of its constitutionality.

Eddleman v. Center Tp. of Marion County

723 F. Supp. 85 · District Court, S.D. Indiana · Oct 13, 1989

I say “most laws of the federal government" because the two clauses are not clearly coextensive. … The Shapiro Court never did clearly define what it meant by the word "penalize."

Guardianship: Indiana Family & Social Services Administration v. Cheryl Adducci

Indiana Court of Appeals · Jul 17, 2024

Moreover, FSSA’s ability to protect this interest is clearly impeded by this proceeding. … The Adduccis have failed to establish that the Support Order may be justified by the doctrine of necessaries.

In the Matter of the Termination of the Parent-Child Relationship of A.T., Jr., A Minor Child v. Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 30, 2017

That the parent-child relationships between [A.T.], the child, and father, [A.T., Sr.], be terminated and all rights, powers, privileges, immunities, duties, and obligations, including … Moreover, DCS is not required to rule out all possibilities of change; rather, it need establish only that there is a reasonable probability the parent’s behavior will not change. Id.

Bowen v. Review Board of Indiana Employment Security Division

173 Ind. App. 166 · Indiana Court of Appeals · May 25, 1977

. *168 DECISION CONCLUSION — Bowen qualified for benefits under the terms of the Statute. … This was clearly a conscious extra benefit conveyed by the Legislature. Federal legislation does not go so far. See IC 1971, 22-4-15-2 and 3 (e) ; 26 U.S.C. § 3304 .

Brinegar v. Robertson Corp.

550 N.E.2d 812 · Indiana Court of Appeals · Feb 28, 1990

Tyree, as fire chief of Bedford and associated with the Bedford Fire Department for thirty-six (86) years, is clearly qualified as an expert witness. … He would also qualify as an expert witness based on his personal knowledge of the Robertson property.

Anderson v. REVIEW BD. OF IND. EMP. SEC.

412 N.E.2d 819 · Indiana Court of Appeals · Nov 25, 1980

This section of the regulations is clearly labeled, "Disqualifications." It does not attempt to set forth the criteria of eligibility nor the factors which must be considered to determine eligibility. … to whom it is applicable if they meet the qualifying requirements outlined in the next section.

Aikens v. Indiana Department of Child Services

903 N.E.2d 146 · Indiana Court of Appeals · Mar 23, 2009

The trial court's judgment will be set aside only if it is clearly erroneous. Id. … The DCS has established a reasonable probability that Mother will not change regarding L.A.

Indiana Bell Telephone Co. v. Friedland

175 Ind. App. 622 · Indiana Court of Appeals · Mar 9, 1978

As an administrative agency, it is presumed to be qualified by knowledge and experience to perform this function. … (Emphasis supplied) 290 A.2d at 701-702 . * * * “The Public Utility Code clearly prohibits discrimination in rates and services for whatever reason' and just as clearly empowers the PUC to hear and decide such complaints.

State Farm Fire & Casualty Company v. White

168 Ind. App. 118 · Indiana Court of Appeals · Feb 17, 1976

It is widely recognized that the public represents an anonymous third party to the insurance contract, having a clearly definable interest in its interpretation.” 262 F.Supp. 1, 5 . … Since the purported qualifying phrase relies upon “permission” for its meaning, and since permission may be implied, the inquiry for the trier of fact remains the same. The judgment is affirmed.

Melo v. State

744 N.E.2d 1035 · Indiana Court of Appeals · Mar 21, 2001

Shepherd, 733 N.E.2d 987, 989-990 (Ind.Ct.App.2000), trans. denied, this court held: When interpreting the meaning of a statute, this court is guided by well-established rules of statutory construction. … It clearly states two requirements that must be met before the State may charge a person with interference with custody.

Thomas v. Review Board of the Indiana Employment Security Division

271 Ind. 233 · Indiana Supreme Court · Jul 18, 1979

Neutral objective standards must be met to qualify for compensation. In Lewis v. … This situation is clearly distinguishable from our recent case, Bureau of Motor Vehicles v. Pentecostal House of Prayer, Inc., (1978) Ind., 380 N.E.2d 1225 , in which the Indiana Supreme Court found Ind.