Case law

SHINNEMAN v. INDIANAPOLIS-MARION COUNTY CITY-COUNTY COUNCIL

District Court, S.D. Indiana · Aug 1, 2022

a clearly established right to a seatbelt during transport under the Eighth Amendment. 771 F. … 2) that the right was 'clearly established' at the time of the challenged conduct."

GIBBS

District Court, S.D. Indiana · Jan 9, 2026

Qualified Immunity Defendants argue that they are entitled to qualified immunity for their actions. … "To overcome the defendant's invocation of qualified immunity, [a plaintiff] must show both (1) that the facts make out a constitutional violation, and (2) that the constitutional right was 'clearly established' at the

Greenwood Professional Park v. Public Service Commission

487 N.E.2d 472 · Indiana Court of Appeals · Jan 15, 1986

In addition, the Commission found the population of the complex was not now nor likely to be in the future totally immune to the benefits of price signals of individual metering. … Not all the offices were of a nature requiring patients to disrobe and thus immune to price signals, and there was no evidence all the offices would be so in the future.

CISLO v. MARTZ

District Court, S.D. Indiana · Jul 21, 2021

"Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … "To defeat a defense of qualified immunity, the plaintiff must show two elements: first, that the facts show 'a violation of a constitutional right,' and second, that the 'constitutional right was clearly established at

Keammerer v. Eldridge

District Court, N.D. Indiana · Oct 20, 2021

Qualified Immunity Defendants raise the affirmative defense of qualified immunity in their motion to dismiss. … “The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Minks v. Pina

709 N.E.2d 379 · Indiana Court of Appeals · Apr 30, 1999

Moreover, we decline to establish a bright line rule that any actions after an officer determines not to arrest an individual are no longer considered enforcement. … Applying this test, the Hammond defendants clearly did not owe a private duty to Minks.

Hudson v. Garab

District Court, N.D. Indiana · Dec 21, 2021

Feller is Entitled to Qualified Immunity Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory … or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.

Pritchard v. State

248 Ind. 566 · Indiana Supreme Court · Oct 11, 1967

Thus instructing the jury involves, in a qualified sense at least, the exercise of a judgment upon all matters ■of law concerning which the judge must give information to the jury.” … In other words the court seemed to recognize the power but cautioned that such privilege and immunity should properly, in a legal and moral sense, be exercised only with restraint.

Dixon v. State

224 Ind. 327 · Indiana Supreme Court · Jun 10, 1946

The remaining population is composed almost entirely of white persons of whom from 10,000 to 20,000 are qualified for jury service. . … No state shall make or enforce any law •which shall abridge the privileges or immunities of citizens of the United States; nor shall any state de-~ prive any person of life, liberty, or property, without due process of law

Ballaban v. Bloomington Jewish Community, Inc.

982 N.E.2d 329 · Indiana Court of Appeals · Jan 17, 2013

Specifically, Bailaban argues that Ind.Code §§ 31-33-6 grants civil immunity to any individual who makes a report of child abuse and does not restrict immunity to those who make a report to DCS. … In his reply brief, Bailaban argues that the behavior described in the e-mail messages in his supplemental appendix clearly falls within the conduct outlined in the Indiana mandatory child abuse reporting statutes and that

Keammerer v. Eldridge

District Court, N.D. Indiana · Oct 20, 2021

Qualified Immunity Defendants raise the affirmative defense of qualified immunity in their motion to dismiss. … “The doctrine of qualified immunity shields officers from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Bivins v. State

735 N.E.2d 1116 · Indiana Supreme Court · Sep 26, 2000

Second, because Bivins had the burden of establishing his grounds for relief at the post-conviction hearing, Indiana Post-Conviction Rule 1(5), he is now appealing from a negative judgment. … Second, Bivins contends that because “death-qualified jurors are, by definition, in favor of the death penalty and more than willing to impose it,” an instruction advising jurors to look to their own feelings

In Re Kefalidis

714 N.E.2d 243 · Indiana Court of Appeals · Jun 30, 1999

However, in determining whether the answer might have that effect, the court is bound by the statement of the witness "unless it clearly appears from the examination and the circumstances before the court that the witness … incrimination is justified: [T]he court is authorized to determine whether the answer might criminate the witness, but that in determining this, the court is bound by the statement of the witness as to its effect unless it clearly

Virginia Garwood and Kristen Garwood v. State of Indiana

77 N.E.3d 204 · Indiana Court of Appeals · Jun 5, 2017

Oest, 614 F.3d 713, 717 (7th Cir. 2010) (qualified immunity). … [43] Because the Garwoods in reply address only the immunity issue, see Appellant’s Reply Br. at 16-19 (Swain not entitled to absolute immunity), 19-22 (Swain not entitled to qualified immunity because

In re: Indiana State Fair Litigation: Polet v. Mid-America Sound

28 N.E.3d 333 · Indiana Court of Appeals · Mar 30, 2015

Most significantly, under Section 15-13-2-1, the Commission was established by the State to “perform! ] esséntial governmental functions." Ind.Code § 15-13-2-1(b)(3) (emphasis 'added). … Here, as discussed above, the statute establishing the Commission provides that the Commission is “a separate body, corporate and .politic” and “not a state agency,” but the statutes discussed above clearly support the conclusion

STONE v. COUCH

District Court, S.D. Indiana · Sep 17, 2021

To overcome an assertion of qualified immunity, a plaintiff must show that "(1) the defendant violated a constitutional right, and (2) that [the] right was clearly established at the time of the alleged violation." … In other words, qualified immunity is appropriate when the clearly established law, as applied to the facts, "would have left objectively reasonable officials in a state of uncertainty." Horshaw v.

GRIFFIN v. KNIGHT

District Court, S.D. Indiana · Jan 31, 2023

"Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … right was clearly established at the time of the alleged violation."

J.J. v. State

858 N.E.2d 244 · Indiana Court of Appeals · Dec 14, 2006

The petitioner in a post-conviction proceeding bears the burden of establishing grounds for relief by a preponderance of the evidence. Fisher v. State, 810 N.E.2d 674, 679 (Ind.2004); Ind. Post-Conviction Rule 1(5). … In this review, we accept findings of fact unless clearly erroneous, but we accord no deference to conclusions of law. 6 Id.

Indiana Department of Public Welfare v. Teckenbrock

620 N.E.2d 740 · Indiana Court of Appeals · Sep 20, 1993

The State asserts that to obtain a summary judgment, the Teckenbrocks are required to affirmatively show that they qualify for SSI. We cannot agree. … person seeking judicial relief has been prejudiced by an agency action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity

MAY v. KNIGHT

District Court, S.D. Indiana · Jul 18, 2022

"Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." White v. … Callahan, 555 U.S. 223, 236 (2009), the Supreme Court "held that courts may grant qualified immunity on the ground that a purported right was not 'clearly established' by prior case law, without resolving the often more