Case law

Bd. of Zoning Ap. of Decatur v. Decatur, Ind. Co. of Jehovah's Witnesses

233 Ind. 83 · Indiana Supreme Court · Feb 1, 1954

Even conforming to the established setback line there are approximately 2,000 square feet of off-street parking provided. … The zoning ordinance substantially reduced the value of a considerable part of appellee's lands. [3] Freedom of the press does not grant an immunity against conspiracies in restraint of trade. Associated Press v.

R.Z. v. Carmel Clay Schools

868 F. Supp. 2d 785 · District Court, S.D. Indiana · Apr 11, 2012

Later, during her conversation with R.Z. and her mother, Campbell draws the distinction quite clearly: Sherri: So he can have his opinion that gay people are just fíne, but she can’t have her opinion that they’re not? … Because the Plaintiffs' claims are disposed of on these grounds, the Court does not address whether Campbell may also be entitled to qualified immunity or whether CCS may avoid liability under Monell.

Indiana Farm Gas Production Co. v. Southern Indiana Gas & Electric Co.

662 N.E.2d 977 · Indiana Court of Appeals · Mar 14, 1996

SIGECO's proffered exception to Indiana's well-established Rule of Capture. … But, because of the fugitive nature of oil, which can flow from and to adjoining lands, the lessor owns the oil only in a qualified sense.

Pack v. Galipeau

District Court, N.D. Indiana · May 25, 2023

At all times, the facility’s qualified medical personnel conducted the screening process. Id. … Pack’s health or safety, the court need not reach her alternative arguments that she is entitled to qualified immunity and that Mr.

United States v. Shearer

302 F. Supp. 2d 884 · District Court, N.D. Indiana · Oct 17, 2003

This said, he clearly was incarcerated in September 1984 (and beyond) on the 1983 Offense thereby placing his period of incarceration within the 15 year time period. … Moreover, the court concludes that the criminal activity qualifies as “otherwise ex *898 tensive” under the guidelines.

Turner v. Berryhill

244 F. Supp. 3d 852 · District Court, S.D. Indiana · Mar 22, 2017

He must further establish that his impairments “meet all of the specified medical criteria. An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan v. … Clearly the ALJ provided an explanation for determining Turner’s RFC.

Majestic Star Casino, LLC v. Blumenburg

817 N.E.2d 322 · Indiana Tax Court · Nov 12, 2004

will reverse a final determination of the Indiana Board only if it is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity … Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission....

Indiana Department of Environmental Management v. Lake County Solid Waste Management District

847 N.E.2d 974 · Indiana Court of Appeals · May 19, 2006

The District clearly has a role in helping the IDEM determine whether a need exists. The District can, for example, submit comments to the IDEM during the pub-lice comment period. … Also, the District clearly has other duties and responsibilities under IC 13-21-5 in addition to projecting the needs of the district. 183.

D.H. v. State of Indiana

Indiana Court of Appeals · Oct 8, 2013

A juvenile court abuses its discretion when its action is clearly erroneous and against the logic and effect of the facts and circumstances before the juvenile court or the reasonable, probable, and actual inferences that … Thus, D.H. has failed to establish juvenile court error here, as his maximum, dispositional sentence did not exceed two years.

McKinley Kelly v. State of Indiana

Indiana Supreme Court · Apr 30, 2025

widely accepted evidence that juvenile and adult brains are fundamentally different,” establishing that “children are less culpable and more capable of change.” … That section provides, “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.” Ind.

Eli Lilly & Co. v. Environmental Protection Agency

615 F. Supp. 811 · District Court, S.D. Indiana · Jul 26, 1985

Merrell was clearly suing in his capacity as a private citizen. … Registrants who submit data with notice of the provisions established by the 1978 amendments, and its qualified protection of trade secrets, can claim no property interest under state law in such data.

Stephen L. Gilmore v. State of Indiana

Indiana Court of Appeals · Jun 13, 2013

the issue of self-defense, “the State’s failure to present evidence at the initial hearing overcoming his defense made Gilmore immune from further prosecution[.]” … Thus, the State clearly and successfully sought to avoid any misconduct regarding its theory of the case during voir dire.

Winbush v. Memorial Health System, Inc.

581 N.E.2d 1239 · Indiana Supreme Court · Nov 26, 1991

This clearly *1243 does not authorize the filing of such affidavits after the hearing begins even if it is not concluded until a subsequent date. … As stated in the Court of Appeals slip opinion at 6, "An unsworn statement or uncertified exhibit does not qualify for consideration in a summary judgment action," citing McMahan v. Snap On Tool Corp. (1985), Ind.

Heller v. Hodgin

928 F. Supp. 789 · District Court, S.D. Indiana · Jun 11, 1996

Hanna said that Plaintiff clearly violated school rules against the use of obscenity. Plaintiffs mother testified that Ms. … Plaintiffs suspension followed an incident in which Plaintiff clearly violated a school rule of student behavior.

Shanholt v. State

448 N.E.2d 308 · Indiana Court of Appeals · Apr 27, 1983

The state will not be able to establish that; therefore, it is clearly unduly prejudicial. THE COURT: I think it assumes a fact that's not in evidence, but she's already answered the question. MR. … Janet was clearly given a full-blown sentencing hearing and in no way was she stifled.

In the Matter of the Termination of the Parent-Child Relationship of K.N.B. (Minor Child), and F.B. (Mother) and J.B. (Father) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · Apr 30, 2019

We will set aside the trial court’s judgment only if it is clearly erroneous. Id. … Father claims this was an abuse of discretion because “[t]he record was replete with evidence leading to the inexorable conclusion that” the Campbells “were qualified persons most suitable and willing

Logan v. Quality Care

District Court, N.D. Indiana · Oct 20, 2022

. § 1915A, the court must screen the 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 … He states that he had a “diet consult” with an unidentified person in mid-August 2022, and was told he did not qualify for a special diet because he had gained two pounds since his arrival at the jail.

Stout v. Bottorff

246 F. Supp. 825 · District Court, S.D. Indiana · Sep 22, 1965

What was said in this regard in the “Statement of Facts” appended to the Hendricks decision was clearly for illustrative purposes relating to the issue there. … Clearly the vote of the Morgan or Hendricks county voter is not approximately equal to that of the Marion County voter.

General Motors Corp. v. Indiana Department of State Revenue

578 N.E.2d 399 · Indiana Tax Court · Sep 11, 1991

The court's sole concern, however, is whether GM's manufacture of finished automobiles qualifies as one continuous integrated production process for the purpose of exemption from sales/use tax. … Clearly, GM asks only for simple interest on the total money the Department wrongfully held.

Forrester v. State

440 N.E.2d 475 · Indiana Supreme Court · Oct 7, 1982

The determination of whether a witness is qualified to testify as an expert lies in the sound discretion of the trial court. Niehaus v. … It’s not been properly identified, there’s been no chain of custody established.” R. at 437. In Woodard v.