Case law

BROOKS v. CITY OF CARMEL

District Court, S.D. Indiana · Nov 16, 2020

Summary judgment was denied as to Brooks' First Amendment claim; however, the Court concluded that Haney is entitled to qualified immunity against the First Amendment claim. … The court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purpose. See Hawthorne Partners v. AT&T Technologies, Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993).

CALVIN FARRELL HADLEY v. State

251 Ind. 24 · Indiana Supreme Court · Jul 23, 1968

It was firmly established in the common law as one of the bright features of the Anglo-Saxon contributions to human progress. It was not related to crime or to suspicion of crime. … On the other hand, the decisions of the highest court in this nation, when so clearly well-reasoned and analogous, should not be so lightly dismissed.

Wait v. Westfall

161 Ind. 648 · Indiana Supreme Court · Oct 7, 1903

He presented his side clearly and logically in a fifteen-minutes address, and won the judgment of the commissioners to his side. … She has undertaken to establish the invalidity of Clark Wait’s will for want of testamentary capacity. The burden is upon her to prove that which she affirms.

Marques Ridley v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Sep 8, 2017

When evidence establishes a reasonable probability that an item is what it is claimed to be, the item is admissible. Id. … Her testimony established the laboratory’s “process or system.” See Ind. Evid. R. 901(b).

Commitment of GPH v. Giles

578 N.E.2d 729 · Indiana Court of Appeals · Sep 24, 1991

Giles believes GPH would be able to think more clearly, would function better, and would require less restrictive care. Without the medicine, Dr. … However, we must presume that the statute is valid and uphold it, unless it is clearly unconstitutional. Van Sant v. State (1988), Ind.App., 523 N.E.2d 229, 233 .

United States v. Ciurinskas

976 F. Supp. 1167 · District Court, N.D. Indiana · Jun 18, 1997

When necessary for clarity, the term will be qualified by referring to specific companies or battalions. 38. … Because the documents clearly show that he applied for benefits on account of his service, the present denial, and false explanation, appear to be part of the long history of concealment and denial of Schutzmannsehaft service

MARTIN

District Court, S.D. Indiana · Mar 2, 2026

Martin did not clearly testify as to what part of his head was injured. Dkt. 97 at 3. No one else saw Mr. Martin fall. Dkt. 100-1 at 34. Sgt. … Martin's Eighth Amendment rights on the merits, the Court need not explore the defendants’ arguments related to qualified immunity. Distribution: KEVIN L.

Valbruna Slater Steel Corp. v. Joslyn Mfg. Co.

298 F. Supp. 3d 1194 · District Court, N.D. Indiana · Jan 16, 2018

"When a court cannot assign an ideal measure of monetary responsibility to an otherwise responsible party-because, for example, that party is immune from suit, bankrupt, or defunct-this gives rise to an orphan share. … Valbruna argues that its purchase of known contaminated property without being responsible for the contamination qualifies it as an innocent landowner. [DE 180 at ¶¶ 43, 44].

Logan v. Quality Care

District Court, N.D. Indiana · Nov 10, 2022

1915A, the court must screen the amended 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 claims that he had a dietary consultation in August 2022 but was told that he did not qualify for a special diet. He states that he filed a grievance but “nothing was done.” (ECF 5 at 3.)

Smith v. Delta Tau Delta, Inc.

9 N.E.3d 154 · Indiana Supreme Court · May 28, 2014

Clearly, the affidavit was not crafted to contradict any then-existing testimony from Russell. … “Unsworn statements and unverified exhibits do not qualify as proper Rule 56 evidence.” Indiana Univ. Med. Ctr., Riley Hosp. for Children v. Logan, 728 N.E.2d 855, 858 (Ind.2000).

Martin v. Copeland

District Court, N.D. Indiana · Aug 19, 2019

The defendants have dedicated one paragraph in a footnote to the doctrine of qualified immunity. “Arguments not developed in any meaningful way are waived.” Cent. States, Se. & Sw. Areas Pension Fund v. … Accordingly, the defendants have waived the argument of qualified immunity for lack of development. First, Martin has argued that Dr.

WILLIAMSON

District Court, S.D. Indiana · Nov 24, 2025

. § 1915(e)(2)(B) to screen complaints and must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. … their disability academic adjustment for all class that are required to obtain a degree," and that Ivy Tech breached its contract with Williamson by failing to provide a reasonable disability accommodation and having a qualified

Brown v. Warden

District Court, N.D. Indiana · Jun 4, 2019

We have explained that clearly established Federal law for purposes of §2254(d)(1) includes only the holdings, as opposed to the dicta, of this Court’s decisions. … The prosecution responded that they were willing to grant him use immunity and could reach an agreement prior to Monday. Id. at 23.

Baker v. Megan

District Court, N.D. Indiana · Apr 25, 2024

He asserts that it is clearly stated in his medical records that he is allergic to this medication and Nurse Practitioner Megan failed to check before she prescribed this medication. … Negligence or medical malpractice does not establish an Eighth Amendment violation. Walker v. Wexford Health Sources, Inc., 940 F.3d 954, 964 (7th Cir. 2019); Roe v. Elyea, 631 F.3d 843, 857 (7th Cir. 2011).

United States v. RICHARDS

District Court, S.D. Indiana · Sep 30, 2021

APPEAL The United States of America (the "United States"), on behalf of the Internal Revenue Service ("IRS"), appeals the Bankruptcy Court's April 29, 2020 and October 5, 2020 Orders establishing … To do so, the debtors "calculate a tax return for all income, and then a second, pro forma tax return removing all qualifying sales income." Id.

Eric Manual Montgomery v. State of Indiana

Indiana Court of Appeals · Dec 31, 2024

[9] Here, we take counsel from two well-established principles: stare decisis and legislative acquiescence. … Noting the phrase “mental disability or deficiency” is qualified by the resultant inability to give consent, the meaning has been expanded for purposes of [the rape and criminal

Curry v. Curry

58 Ind. App. 567 · Indiana Court of Appeals · Jun 30, 1914

The testator, however, saw fit to expressly qualify and limit said words by immediately following them with the words: “subject nevertheless to the following- directions, conditions, restrictions and limitations, viz.” … It is true, as appellants contend, that the rule is thoroughly established by the decided cases that, “where an estate is given to a person generally, or indefinitely, with a power of dis *579 position, it carries a fee;

City of Fishers, Indiana v. Dish Network L.L.C.

Indiana Court of Appeals · May 30, 2025

The Dague Court concluded the “broad subject” of Public Law 141 was “the construction, operation and jurisdiction of Indiana courts,” so it was not “clearly unreasonable to conclude that the Product Liability Act should … Section 44 was special because it not only excluded “all other groups that ordinarily qualify for exemptions,” but it also excluded “fraternities that are not connected with Indiana University.”

Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.

116 Ind. 578 · Indiana Supreme Court · Dec 19, 1888

If, without doing violence to the words of the statute, a wise and just policy can be established, it is the duty of the courts to so interpret the statute as to establish that policjn A construction which will overturn a … It is generally held that the fact of inability to agree is a jurisdictional one, but our judgment is that it is a jurisdictional fact only in a qualified sense, for we believe that, as held in Ney v.

In the Matter of: L.T. And S.T. (Mother) v. Indiana Department of Child Services

Indiana Court of Appeals · Apr 23, 2020

This court will reverse only where the trial court’s discretion is clearly against the logic and effect of the facts and circumstances before the court. Id. … In Matter of Eq.W., 214 N.E.3d 1201, 1210 (Ind. 2019), our supreme court agreed with the general proposition that past acts by parents in CHINS proceedings can be relevant, but qualified this practice to