Case law

Johnson v. Noland

District Court, N.D. Indiana · Feb 24, 2025

1915A, I must review the merits of a prisoner complaint and dismiss it if the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune … Johnson has not identified any document that qualifies as legal mail.

Glens Falls Insurance v. Cook Bros.

23 F.R.D. 269 · District Court, S.D. Indiana · Apr 13, 1959

The instant action is clearly in personam and is not a class action. Sigma Chi Fraternity Foundation is a citizen of Indiana. … The Aetna case establishes both plaintiff’s and Sigma Chi’s status as a real party in interest under Rule 17, Federal Rules of Civil Procedure. See also 3 Moore’s Federal Practice par. 17.09, pp. 1346-1350.

White v. Boehringer Mannheim Corp.

28 F. Supp. 2d 527 · District Court, S.D. Indiana · Sep 15, 1998

Trust, 159 F.3d 1001, 1012 (7th Cir.1998) (finding that an ADA plaintiff bears the burden of establishing that he is a qualified individual with a disability). … White’s allergic skin condition may be an uncomfortable impairment, but the record clearly demonstrates that it has not substantially limited White from working.

Smith v. Indiana State Board of Health

159 Ind. App. 360 · Indiana Court of Appeals · Feb 13, 1974

It is our opinion that since said governmental bodies are not required to give bond and are not immune from suit or liability in a case such as this if they are proved to be wrong, that no error was committed in not requiring … The trial court had the right and duty in a valid exercise of the police power of the State to protect the rights of its citizens by enforcing health standards established by the legislature.

Jeremy Ryan v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Mar 31, 2015

Concluding that the post-conviction court’s decision was not clearly erroneous, we affirm. … App. 2011) (holding that where the intermediate step is so near the end of the manufacturing process that the final product is present in the chemical compound, that substance qualifies as an “adulterated

State ex rel. Holt v. Denny

118 Ind. 449 · Indiana Supreme Court · Apr 24, 1889

This is clearly in violation of the Constitution. … It is clearly class legislation, and granting to certain citizens privileges not equally belonging to all.

Greenfield Mills, Inc. v. O'BANNON

189 F. Supp. 2d 893 · District Court, N.D. Indiana · Mar 11, 2002

The first, § 402, establishes the National Pollutant Discharge Elimination System (NPDES). 33 U.S.C. § 1342 . … Thus, this court finds none of these facts aids the Plaintiffs in establishing more than negligent conduct.

The Indianapolis Museum of Art a/k/a Newfields v. Kathleen Hurley

Indiana Court of Appeals · Mar 24, 2023

The strategy involves establishing two trusts after one spouse dies. … For example, Section 3.3 provided that if Charles survived Alicia, the trustee would establish a separate fund entitled “Husband’s Trust” in an amount allowing Alicia’s estate to qualify for the maximum

In the Matter of the Living Trust Agreement of Virgil C. Morningstar and Agnes M. Morningstar, Teresa J. Morningstar v. Nina Fortunka and STAR Financial Bank

Indiana Court of Appeals · Nov 15, 2019

We will set aside the trial court’s findings and conclusions only if they are clearly erroneous, that is, if the record contains no facts or inferences supporting them. Id. … We cannot say that the trial court’s conclusion that Morningstar breached her duty to preserve Trust property was clearly erroneous. B.

Billy T. Reames v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 11, 2017

However, “[e]vidence sufficient only to establish a mere suspicion of guilt is not sufficient to support a conviction.” Id. at 135. … Smith’s testimony was partially corroborated by Geaugh’s testimony, who described Smith being “upset and distraught” and telling her 1 Knives clearly qualify as a “deadly weapon,” even pocket knives

Khalif Abdul Mateen v. L. Smith, et al.

District Court, N.D. Indiana · Jan 28, 2026

Hill, 472 U.S. 3 Of note, “for any term of solitary confinement lasting more than days but less than years, qualified immunity will often apply to claims for damages. … However, because qualified immunity is an affirmative defense, this question is best left to a later stage of the litigation. 445, 455 (1985).

Bates v. Roche Diagnostics Corp.

971 F. Supp. 2d 833 · District Court, S.D. Indiana · Sep 12, 2013

Accordingly, Plaintiff cannot establish she was a qualified individual with a disability under the ADA at the time of her termination. … As set forth above, Plaintiff failed to establish that she is a qualified individual with a disability and thus, Plaintiff cannot maintain an ADA failure to accommodate claim. See, e.g., Healy v. Nat’l Bd.

Mary K. Fisher v. Carroll County Assessor

74 N.E.3d 582 · Indiana Tax Court · Apr 11, 2017

Fisher challenges the final determination of the Indiana Board of Tax Review that established the assessed value of her real property for the 2012 and 2014 tax years. … must demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege or immunity

Valencia A. Jackson v. Kenneth S. Jackson (mem. dec.)

Indiana Court of Appeals · Aug 21, 2018

Whether Father qualified for a modification of his child support order; III. … And therefore, we will set aside a child support modification order if it is clearly erroneous. Bogner v.

Dudley v. State

480 N.E.2d 881 · Indiana Supreme Court · Jul 15, 1985

It is well established that the purpose of establishing a chain of custody for seized evidence is to show a complete chain of possession from the original receiver to the final custodian, thus connecting the evidence in question … The trial court ordered a 1976 felony conviction be stricken since the exact date of the conviction was not established.

Justin S. Johnson v. State of Indiana

62 N.E.3d 1224 · Indiana Court of Appeals · Oct 31, 2016

At the modification hearing, the case manager testified that Johnson originally moved to the work release center until he qualified for support through the Bloomfield Housing Authority and that he “seemed … We also believe that well- documented mental limitations or illness as presented in this case, and which are clearly shown in the record, are relevant and deserve careful consideration as a mitigator

Jeremy K. Blue v. State of Indiana

Indiana Court of Appeals · Dec 12, 2014

Blue has not established that he was prejudiced by the manner in which the trial court instructed the jury. II. … “Transactional immunity” by contrast is a prohibition against prosecution for any transaction concerning that to which the witness testifies. Id. Perry was not granted that kind of immunity.

Jill Finfrock a/k/a Jill Bastone v. Mark Finfrock

989 N.E.2d 805 · Indiana Court of Appeals · May 29, 2013

Father immediately retained counsel, and on July 15, 2011, filed a motion to set the amount of his child support arrearage and to establish a payment plan. … Mother claims that this finding is clearly erroneous. However, Mother has not provided us with a transcript of the June 20, 2012 hearing.

In Re the Mental Commitment of M.P.

500 N.E.2d 216 · Indiana Court of Appeals · Nov 18, 1986

Initially, the party seeking the treatment order must establish the patient's incompetency. … As already noted, the fact that the patient has been involuntarily certified for mental health treatment does not by itself establish the patient's incompetency to make treatment decisions.

Indiana High School Athletic Ass'n v. Reyes

659 N.E.2d 158 · Indiana Court of Appeals · Dec 11, 1995

[Reyes] has failed to establish that there is, in his particular case, cireum-stances [sic] showing that an undue hardship would result from enforcement of the IHSAA Eight-Semester Rule. [Reyes! … Application for a hardship exception may be made by any student who believes that he or she may qualify.