Case law

HOOTEN

District Court, S.D. Indiana · Sep 4, 2026

Dart, 664 F.3d 178, 181 (7th Cir. 2011) ("[A] general risk of violence in a maximum security unit does not by itself establish knowledge of a substantial risk of harm."). … Hooten's favor as to the merits of his claims, it need not address the qualified immunity defense.

Storen v. J. D. Adams Manufacturing Co.

212 Ind. 343 · Indiana Supreme Court · Apr 30, 1937

Courts will not prevent the carrying out of a legislative intention unless the Constitution clearly forbids. … It is clearly not such, but a tax on transportation only.”

Irvin v. Dowd

153 F. Supp. 531 · District Court, N.D. Indiana · Jul 8, 1957

In 'face of the allegations of exhaustion of remedies in his petition, the petitioner offered in evidence the transcript filed by him on his appeal to the Supreme Court of Indiana which clearly establishes the fact that after … The trial judge was satisfied that the twelve jurors sworn were qualified and after reading their entire voir dire examination we can find no evidence which would warrant this or any other court holding that they were anything

Reese Levi Keith v. State of Indiana

Indiana Court of Appeals · Jun 20, 2019

Applying the plain meanings of the terms, we conclude that an injury to the mind, as alleged here by the State, does not qualify as a bodily injury. … It was Keith’s burden on appeal to establish that the trial court Court of Appeals of Indiana | Opinion 18A-CR-1961 | June 20, 2019 Page 20 of 23  overlooked mitigating evidence that was both clearly

Taghon v. St Joseph County Indiana

District Court, N.D. Indiana · Sep 2, 2020

court 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 … However, because he “did not have a clearly established right to a seatbelt, Dale v. Agresta, 771 F. App’x 659, 661 (7th Cir. 2019), he does not state a claim against either Mike Fulnecky or C. Rutkowski.

French v. Hope

District Court, N.D. Indiana · Mar 22, 2023

Hope claims that he’s entitled to qualified immunity, and GCS argues that it bears no liability even if Dr. Hope were to be found liable. … Hope’s qualified immunity defense. Moreover, because Plaintiffs have not shown that Dr.

Gerard M. Dierckman v. Sandra E. Dierckman

Indiana Court of Appeals · Dec 19, 2023

Whether the trial court’s findings are clearly erroneous. II. … The evidence establishes that the farm income in the years 2019 through 2022 was produced solely through Wife’s efforts and not at all through Husband’s efforts.

SWEET v. TOWN OF BARGERSVILLE

District Court, S.D. Indiana · Apr 9, 2020

In addition, the Defendants argue entitlement to qualified immunity. … She acknowledges that she has the initial burden to produce prima facie evidence of being a member of a protected class, being qualified for the job from which she was terminated, she was terminated despite being qualified

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: D.W. (Minor Child), and R.W. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Indiana Court of Appeals · May 22, 2020

We will set aside the trial court’s judgment only if it is clearly erroneous. Id. … At other times, they can think quite clearly and look quite good. Tr. Vol.

Myles Kendall McMahan v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 16, 2018

The police later established that the keys belonged to Coast To Coast. … The police later established that the key fob was for a Mercedes Benz owned by Coast To Coast.

Premier-Pabst Sales Co. v. McNutt

17 F. Supp. 708 · District Court, S.D. Indiana · Feb 18, 1935

Neither of the plaintiffs thus engaged in the manufacture of alcoholic malt beverages has a brewery or manufacturing establishment within the state. The defendants Paul V. … McNutt and Philip Lutz, Jr., are the duly elected, qualified, and acting Governor and Attorney General, respectively, of the State of Indiana, and the defendant Paul P.

Bruce K. Pond v. State of Indiana (mem. dec.)

Indiana Court of Appeals · May 9, 2018

The post-conviction court’s finding is not clearly erroneous. B. … We cannot say that the post-conviction court’s finding is clearly erroneous.

Heaston v. Krieg

167 Ind. 101 · Indiana Supreme Court · Apr 27, 1906

The action resulted in a judgment revoking the probate of said former instrument and establishing as the last will and testament of said decedent the writing brought forward by appellee. … The statute which makes physicians incompetent to testify to matters concerning their patients which they learn by reason of their professional relation contains no qualifying terms.

Aaron W. Prater v. State of Indiana

Indiana Court of Appeals · Jun 24, 2013

The terms of Prater’s plea agreement clearly state that Prater agreed to waive his right to challenge both his convictions and the sentence imposed by the trial court. … However, despite Prater’s claim to the contrary, the record clearly demonstrates that Prater did in fact sign his plea agreement.

D.G. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jan 23, 2018

not be regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing … [7] The statute further provides that the trier of fact may consider several relevant factors in determining whether qualified representations have been made, including “statements made by the owner or

Jordan Parker, a minor, individually, and by James Parker and Cheryl Parker, as Natural parents and next friends of Jordan Parker v. Indiana State Fair Board, an agency of The State of Indiana

Indiana Court of Appeals · Aug 23, 2013

We conclude that the 4-H Affidavit, which Jordan and Cheryl signed, clearly and unambiguously bound them to the terms of the Handbook. … Although not labeled as such, the Parkers’ motion was clearly a motion for partial summary judgment only.

Marnocha v. City of Elkhart

District Court, N.D. Indiana · Aug 27, 2019

Whether a position qualifies as policymaking is a determination that “may be done without a finder of fact when the duties and responsibilities of a particular position are clearly defined by law and regulations.” … As such, she also qualifies as an immediate adviser with respect to constitutional or legal powers.

Pea v. Pea

35 Ind. 387 · Indiana Supreme Court · May 15, 1871

of the land, and the legal effect of the deed was, prima facie, to pass to the grantee all that constituted a component part of the realty, unless it was competent for the parties by a contemporaneous verbal agreement to qualify … I *401 cannot yield my assent to such doctrine, which I regard as an innovation upon, and a departure from, long and thoroughly established principles of law.

Andrew S. Satterfield v. State of Indiana

33 N.E.3d 344 · Indiana Supreme Court · Jun 26, 2015

Helfenbein gave no opinion because he was not qualified to comment on Satterfield’s sanity. … R. 702(a), and both ordinary lay and skilled witnesses testify from their perceptions alone, not necessarily established scientific princi- ples, id.

Ellettsville Holdings, LLC v. Garnett D. Kinser

Indiana Court of Appeals · Jan 25, 2012

Hence the need for Kinser to hire someone qualified to conduct an ALTA survey and certify the survey as such. … Kinser, having no expertise in the area of ALTA surveys, hired a qualified professional to conduct the ALTA survey.