Case law

Penner v. Galipeau

District Court, N.D. Indiana · Aug 29, 2025

To establish a failure-to-protect claim, the plaintiff must provide evidence “(1) that he was incarcerated under conditions posing a substantial risk of serious harm and (2) that the defendants acted with deliberate indifference … immunity.

Hartke v. Roudebush

321 F. Supp. 1370 · District Court, S.D. Indiana · Mar 22, 1971

Further, the election laws provide that after tallying the vote, each local election board must place in separate envelopes, clearly marked, all of the ballots which it counted, and all of the ballots which it did not count … The history of the doctrine reveals that it was established in the constitutional law of England in the year of 1586, during the reign of Queen Elizabeth. * * ‘Provisions guaranteeing this right are to be found in the federal

Simon Property Group L.P. v. Mysimon, Inc.

104 F. Supp. 2d 1033 · District Court, S.D. Indiana · Jun 7, 2000

It has established web sites to provide information about its malls and the retailers who operate brick- and-mortar stores in them. … As explained, the court believes the answer is clearly no. 10 II.

Jerrick L. Whitley v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Aug 31, 2020

this Memorandum Decision shall not be FILED regarded as precedent or cited before any Aug 31 2020, 10:59 am court except for the purpose of establishing … Anthony later admitted to shooting Whitley after entering a Use Immunity Agreement with the Marion County Prosecutor’s Office.

JAMES v. NATIONAL BOARD OF OSTEOPATHIC EXAMINERS INC.

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

The plaintiff has the burden of establishing these elements and therefore must "clearly allege facts demonstrating each element." Spokeo, 578 U.S. at 338. Ms. … "Unlike with damages, a past injury is insufficient to establish standing for purposes of prospective injunctive relief." Id.

Burton v. State

232 Ind. 246 · Indiana Supreme Court · May 5, 1953

Guilt is not established by mere opportunity to commit crime, nor can a conviction be sustained on speculation or conjecture. … Procedural methods and safeguards should be established and clearly pointed out.

Leesa A Gatton v. Robert D Gatton

Indiana Court of Appeals · Dec 18, 2024

Husband’s appraisal of his Carpenter Union’s Pension established that its vested value on the date of filing was $421,265.00 and that the value earned after the parties married on March 14, 2010 was … “We set aside a trial court’s judgment only if it is clearly erroneous.” Quinn, 62 N.E.3d at 1220.

Outback Steakhouse of Florida, Inc. v. Markley

856 N.E.2d 65 · Indiana Supreme Court · Nov 8, 2006

Federal authority interpreting FRCP 60(b)(3) clearly establishes that relief under subsection (b)(3) is available for both unintentional and intentional conduct. 12 Moore’s Federal Practice, § 60.43[1][a] (3d ed. 1997) (citing … Cryovac, Inc., 862 F.2d 910, 923 (1st Cir. 1988) (“Accidents—at least avoidable ones—[are] not [] immune from the reach of the rule.”).

HARRIS-HARDEN v. United States

District Court, S.D. Indiana · Nov 17, 2022

To demonstrate ineffective assistance of counsel, a petitioner must satisfy a two-step standard established in Strickland v. Washington, 466 U.S. 668 (1984). Thurston v. … Similarly, she has not shown or alleged that, in fact, she qualified for the safety valve. The record in the criminal case clearly demonstrates that Ms.

United States v. Bean

859 F. Supp. 330 · District Court, N.D. Indiana · Jul 21, 1994

Because [the defendant] engaged in several instances of taking money, each accompanied by false entries, the enhancement was clearly appropriate. Id. … The offense involved substantial planning in order to pass instructions form [the bank officer] through [his sister] to defendant and to establish the phony company and bank account.

Hamilton v. Prewett

860 N.E.2d 1234 · Indiana Court of Appeals · Feb 6, 2007

We resolved this inconsistency in favor of Rule 56 because our Supreme Court has the inherent power to establish rules governing the course of litigation in our trial courts, and “[i]t is well-settled that, in the event of … And like the comedic depiction in Hustler , Prewett’s Website is clearly meant to be parody, and no reasonable person could interpret its assertions to be true.

Ivan Cornel Augustin Hendrickson, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Dec 11, 2020

Memorandum Decision shall not be FILED regarded as precedent or cited before any Dec 11 2020, 8:47 am court except for the purpose of establishing … An abuse of discretion occurs if the decision is clearly against the logic and effect of the facts and circumstances before the trial court. Id.

N In Comm Trans Dist v. Chicago S Shore/S Bend RR

Indiana Supreme Court · Sep 8, 1998

As Justice Cardozo succinctly summarized in Herndon : “The settled doctrine is that when a constitutional privilege or immunity has been denied for the first time by a ruling made upon appeal, a litigant thus surprised may … Indeed, this case illustrates what can happen when the established rules on full faith and credit are not respected.

West Clark Community Schools v. H.L.K.

690 N.E.2d 238 · Indiana Supreme Court · Dec 24, 1997

This conclusion is also consistent with the firmly established administrative law of this state concerning exhaustion of administrative remedies. See, e.g., Austin Lakes Joint Venture v. … "Do you mean a judge could order a school to admit a student to a limited-enrollment class because the judge thought the student would benefit even if the student did not qualify for the class?" we asked.

Turner v. Board of Aviation Commissioners

743 N.E.2d 1153 · Indiana Court of Appeals · Feb 14, 2001

The party moving for summary judgment must shoulder the burden of establishing the lack of a material factual issue. Estate of Taylor v. Muncie Med. Investors, L.P., 727 N.E.2d 466, 469 (Ind.Ct.App.2000). … The first statute, Ind.Code § 22-13-2-5, provides, in relevant part: "[aln ordinance or other regulation adopted by a political subdivision that qualifies as a fire safety law or a building law is not effective until it is

Gallant Insurance Co. v. Isaac

732 N.E.2d 1262 · Indiana Court of Appeals · Aug 14, 2000

Furthermore, an article found in the corporation’s By-laws that qualified the president’s authority and limited him to what the Board approves of also did not defeat that inherent authority. See id. … Instead, however, Thompson-Harris was left unsupervised to establish common practice in violation of Gallant’s granted authority.

Citizens Action Coalition of Indiana, Inc. v. PSI Energy, Inc.

894 N.E.2d 1055 · Indiana Court of Appeals · Oct 16, 2008

We noted that Ind.Code § 8-1-2-6 is used in rate proceedings to “establish a level of rates and charges sufficient to permit the utility to meet its operating expenses plus a return on investments which will compensate its … The Commission’s findings and conclusions on this issue are not clearly erroneous. IV. The final issue is whether Ind.

Honda Motor Co., Ltd. v. Parks

485 N.E.2d 644 · Indiana Court of Appeals · Nov 26, 1985

We said that courts refuse to recognize corporations as separate entities where the facts establish several corporations are acting as the same entity. 426 N.E.2d 84 . … -It is clear under Indiana law, TR. 15(C) may not be utilized to substitute a qualified plaintiff in a wrongful death case for an unqualified one after the expiration of two years.

Darrick Scott and Paul A. Watson v. City of Terre Haute

Indiana Court of Appeals · Mar 6, 2012

Scott and Watson asserted that as merit captains, they were the only persons qualified to hold the position of battalion chief and should have been appointed to those posts. … The first step in statutory interpretation is determining if the promulgating authority has spoken clearly and unambiguously on the point in question. Id.

Sharon Wright and Leslie Wright v. Anthony E. Miller, D.P.M. and Achilles Podiatry Group

Indiana Court of Appeals · Apr 5, 2012

Jerome Bagner was identified as a potential qualified expert witness on December 17, 2010, and Wright’s counsel submitted the evidentiary material to him for review. Dr. … App. 1993), reh’g denied, trans. denied), dismissal is not clearly against the logic and effects of the facts and circumstances before the trial court.