Case law

Dukes v. McKenna

4 Indian Terr. 156 · Court Of Appeals Of Indian Territory · Sep 25, 1902

Thus early was it evident that the “fee simple” mentioned was a base or qualified fee. … established to admit of dispute that the Indian tribes residing withing the territorial limits of the United States are subject to their authority.”

Clay v. McBride

946 F. Supp. 639 · District Court, N.D. Indiana · Nov 7, 1996

established federal law, and such a claim must be dismissed. … The state court’s determination that Clay qualified as an habitual offender based upon the Information filed by the State is a question grounded purely on state law.

Gregory S. Powers v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 27, 2017

“We therefore reverse only where the decision is clearly against the logic and effect of the facts and circumstances.” Id. (citing Fettig, 884 N.E.2d at 343). … While some of the pictures of the pliers are slightly blurry, others are not and clearly depict the size and condition of the pliers.

Brandon Ray Kern v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 24, 2019

Kern does not demonstrate whether he would qualify as a suitable candidate for admittance into [the] MAST program. Mr. … An abuse of discretion occurs where the decision is clearly against the logic and effect of the facts and circumstances. Id.

Love v. Bolinger

927 F. Supp. 1131 · District Court, S.D. Indiana · May 22, 1996

Recent Seventh Circuit case-law on this point establishes that a cover-up leads to a denial of access to the courts only where the cover-up was to some extent successful. … Because we find that there was no underlying constitutional or statutory violation, we need not address the issues of quasi-judicial or qualified immunity raised in the Motion to Dismiss.

Downey v. Indiana Dept Corrections

District Court, N.D. Indiana · Mar 25, 2025

The Warden also maintains that he is entitled to qualified immunity. … The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate a “clearly established” constitutional or statutory right. McAllister v.

Atkinson v. Disher

177 Ind. 665 · Indiana Supreme Court · May 28, 1912

The question was not' presented before the board of commissioners and presented a new issue for the first time in the circuit court, which, under well-established rules of practice, may not be done. Sanasack v. … to change the result if maintained, was to present a question which clearly was not before the board in any form, and was the same in effect as presenting a new issue; but that situation would not ordinarily be available

Pedigo v. Miller

175 Ind. App. 97 · Indiana Court of Appeals · Dec 12, 1977

As a quasi-judicial body, the Industrial Board must be held to have authority to dismiss actions when an employee consistently fails to properly prosecute his claim and consistently fails to comply with established procedures … In fact, the record clearly indicates that the *101 employer failed to comply with an Industrial Board order to schedule the deposition and physical examination on the same day and in the same city.

Suzanne E. Esserman v. Indiana Department of Environmental Management (mem. dec.)

Indiana Court of Appeals · May 10, 2019

We affirm the agency’s judgment unless it is clearly erroneous. Id. [7] Here, IDEM partially disposed of Esserman’s claims through summary judgment. … Indiana Code section 4-15-2.2-42(f) further provides: An unclassified employee must establish that the [SEAC] has subject matter jurisdiction to hear the employee’s wrongful discharge claim by establishing

Rednour v. Wayne Township

51 F. Supp. 3d 799 · District Court, S.D. Indiana · Sep 24, 2014

To establish a prima facie claim under the ADA, a plaintiff must show that: “(1) she is disabled within the meaning of the ADA, (2) she is qualified to perform the essential functions of her job either with or without reasonable … In order to prevail on a “failure to accommodate” ADA claim, a plaintiff must set forth evidence establishing that: “(1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (

Worman Enterprises, Inc. v. Boone County Solid Waste Management District

779 N.E.2d 565 · Indiana Court of Appeals · Dec 5, 2002

"Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. … In addition, a solid waste management district would «qualify 'as 'a political subdivision 'under Indiana Code § 36-1-2-13, which provides, * 'Political subdivision' means municipal corporation or special taxing district.

Indiana Area Foundation of the United Methodist Church, Inc. v. Snyder

953 N.E.2d 1174 · Indiana Court of Appeals · Aug 31, 2011

Acknowledging this doctrine’s limitations, however, the Brazauskas II court observed, “ ‘The First Amendment does not immunize every legal claim against a religious institution and its members. … Without more, Reverend Snyder has not established that they were acting in their individual capacities.

HUTCHINSON v. NALE

District Court, S.D. Indiana · Dec 16, 2024

Hutchinson plausibly alleged a procedural due process claim, they are entitled to qualified immunity because their alleged actions and inactions were not clearly established constitutional violations. … Hutchinson has failed to state a claim upon which relief may be granted, we need not and do not address Defendants’ qualified immunity argument.

Inland Steel Co. v. Yedinak

172 Ind. 423 · Indiana Supreme Court · Feb 23, 1909

It is contended that these statutes unlawfully abridge the privileges and immunities of appellant as a citizen of the United States, in violation of the 14th amendment to the federal Constitution. … The denial of the motion for judgment was clearly right, in view of what has already been said and what follows. 7.

Lucino Jorge v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Oct 4, 2017

), FILED this Memorandum Decision shall not be regarded as precedent or cited before any Oct 04 2017, 7:42 am court except for the purpose of establishing … But the court did not specify what fees qualified as “standard” nor did it specify the amount for each probation fee.

Lukis v. Ray

888 N.E.2d 325 · Indiana Court of Appeals · Jun 13, 2008

The riparian ... zones clearly establish that Ray possesses the smallest amount of lakeshore ... and in accordance with an apportionment methodology also possesses the smallest riparian zone. … abuse of discretion, or otherwise not in accordance with the law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory

Cody J. Chambless v. State of Indiana

119 N.E.3d 182 · Indiana Court of Appeals · Feb 12, 2019

[17] As Chambless acknowledges, a trial court may admit hearsay that qualifies under the excited utterance exception. See Ind. Evidence Rule 803(2). … The testimony at trial clearly showed the contrary.

Board of Aviation Commissioners v. Schafer

174 Ind. App. 59 · Indiana Court of Appeals · Aug 16, 1977

FACTS The Board of Aviation Commissioners of Clark County is an executive department of Clark County, Indiana, and is authorized by law to acquire, establish, construct, maintain, improve, and operate airports. … consequently entitled to perform all the duties and exercise all the powers of the office, until ousted by some one having a better right to it.’ ” (Original emphasis) In the case at bar the evidence presented by the Board clearly

Lampitok v. State

817 N.E.2d 630 · Indiana Court of Appeals · Nov 16, 2004

that, therefore, the State had failed to establish two prior unrelated felonies. … If so, the 1995 conviction does not qualify as a prior unrelated felony, and the directed verdiet was appropriate.

Greer

District Court, N.D. Indiana · Feb 19, 2026

Stress, for instance, weakens the immune system, making the skin more susceptible to flare-ups. … A plaintiff seeking a preliminary injunction must establish he is likely to succeed on the merits.