Case law

CALLAHAN, DOUGLAS, PEACHER, WELLS v. MILLER

District Court, S.D. Indiana · Jun 22, 2021

In addition, section 1983 allows for recovery only by a "party injured" by a "deprivation of any rights, privileges, or immunities secured by the Constitution and laws." 42 U.S.C. § 1983; see also Armstrong v. … Daily, 786 F.3d 529, 553 (7th Cir. 2015) (a plaintiff must "establish one of the necessary elements of a constitutional tort: that the officer's act . . . caused any injury.") (internal quotation omitted).

Ramon v. State

888 N.E.2d 244 · Indiana Court of Appeals · Jun 10, 2008

A trial court abuses its discretion when its decision is clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom. … Youngblood, 497 U.S. 37, 46 , 110 S.Ct. 2715 , 111 L.Ed.2d 30 (1990) ("[S]imply by labeling a law `procedural,' a legislature does not thereby immunize it from scrutiny under the Ex Post Facto Clause."); Watts, 229 Ind. at

Peters v. Poor Sisters of Saint Francis

148 Ind. App. 453 · Indiana Court of Appeals · Mar 16, 1971

The court clearly exceeded the scope of judicial authority.” (parenthesis added) In the same vein the United States Court of Appeals for the 7th Circuit stated in Indianapolis Education Ass’n v. … To establish rigid substantive and procedural requirements which had to be met before an injunction could be issued in a labor dispute.

Davidsen v. Buschert

District Court, N.D. Indiana · Aug 16, 2023

Moreover, pursuant to Bekins’s regulations—more stringent than federal requirements—Westray was qualified and competent to drive. … Buschert was a licensed and qualified truck driver. There is no evidence in the record linking his prior driving violations to this accident.

Jones

District Court, N.D. Indiana · Nov 6, 2025

A claimant qualifies as disabled if he or she cannot perform such work. … Schmale’s statement persuasive, the ALJ did not otherwise qualify it.

Baker v. Commissioner of Social Security

District Court, N.D. Indiana · Sep 22, 2022

Standard for Disability Disability benefits are available only to those individuals who can establish disability under the terms of the Social Security Act. Estok v. … A claimant qualifies as disabled if he or she cannot perform such work.

Sharniece Crump v. Claystone at the Crossing

Indiana Court of Appeals · Jan 31, 2014

Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of Jan 31 2014, 9:08 am establishing … report detailing 1 In challenging her eviction on appeal, Crump asserts that eviction from her apartment for a violation of the terms of her lease agreement could potentially impact her ability to qualify

TURNER v. HAMILTON COUNTY TRUSTEE ASSOCIATION

District Court, S.D. Indiana · Jun 5, 2023

He argues the trial court "submitted a number of clearly and plainly unjust and unlawful orders against me. Most recently, it affirmed the dismissal of the previous court. … Turner … cites no authority (and we are aware of none) establishing a tort claim for the wrongful denial of benefits. We need not decide this issue, however.

Alan Karenke v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 1, 2020

Furthermore, Deputy Rudolph testified intelligently about and with personal knowledge of the procedures used to record the telephone calls, making him a “qualified witness” as to the records of regularly … That is to say, Karenke must demonstrate a reasonable possibility that “the evidentiary facts used by the fact-finder to establish the essential elements of one offense may also have been used to establish

Shelley Murphy v. Indiana Women's Prison and Correctional Medical Services, Inc.

Indiana Court of Appeals · Sep 15, 2014

over CMS’s objection and ordered Murphy to respond after discovery had been completed or by May 1, 2012, whichever 1 This action is exempt from the Indiana Medical Malpractice Act because CMS is not a qualified … An abuse of discretion will be found only when the trial court’s action is clearly erroneous, that is, against the logic and effect of the facts before it and the inferences which may be drawn therefrom.

Sharp v. Commissioner of Social Security

District Court, N.D. Indiana · Aug 22, 2022

Nor does the reliance on medical texts make Plaintiff and her representatives qualified 7 to diagnose Plaintiff or to render medical opinions about her … Clearly, Plaintiff has not shown that the ALJ improperly considered Plaintiff’s allegations of subjectively disabling migraines, and Plaintiff has not shown the ALJ’s credibility finding to be patently wrong.

SHELTON

District Court, S.D. Indiana · Nov 21, 2025

Shelton’s prior qualifying convictions are for drug related offenses and he has not sustained a conviction for a crime of violence." Id. at 26. … Shelton argues that a conspiracy conviction, even for a conspiracy to sell drugs, is not a qualifying "controlled substance offense."

Shipley v. Keybank National Ass'n

821 N.E.2d 868 · Indiana Court of Appeals · Feb 1, 2005

Finally, we held that because Shipley was not qualified to serve as counsel for the receiver, he was without authority to act. Id. at 858 . … Thus, this Court has required that a written memorial must form the basis for establishing the error or omission to be corrected by the nune pro tune order.

State of Indiana v. Tyson Timbs

Indiana Supreme Court · Oct 28, 2019

We accept the trial court’s factual findings unless they are clearly erroneous. Ind. Trial Rule 52(A); Hitch v. State, 51 N.E.3d 216, 226 (Ind. 2016). … The historical foundation of in rem forfeitures places a limit on what property qualifies as an “instrumentality.” See Bajakajian, 524 U.S. at 333 n.8.

Roeschlein v. Thomas

273 N.E.2d 554 · Indiana Court of Appeals · Sep 28, 1971

The office of Chief Justice of Indiana is created and a system of discipline, removal, and retirement of judges is established. … Also, § 29-4204, supra, states in part: "The proposed constitutional amendment or amendments shall be stated on such ballots in words sufficient to clearly designate the same, and such statement or statements shall be printed

Grain Processing Corp. v. American Maize-Products Co.

893 F. Supp. 1386 · District Court, N.D. Indiana · Jul 31, 1995

FAmp concedes that Lo-Dex 10 meets the other elements of claim 12, so infringement has been established and only damages remain to be determined. … Koppel qualified this answer by observing that the cost difference would set a cap only if the two processes produced products that buyers viewed as equivalent.

Damionne M. Nichols v. State of Indiana

Indiana Court of Appeals · Sep 7, 2012

App. 2006), trans. denied, this court held that Indiana Code § 35-47-1-5 “clearly contemplates that some conversion, such as reorganization or assembly, of parts may be required.” … is, by definition, a firearm with certain characteristics” and that a handgun need not be operable to fit within the definition of a firearm), trans. denied. 2 During the trial, Nichols stipulated that he “ha[d] a qualifying

Miller v. Rokita

District Court, N.D. Indiana · Jul 12, 2023

immunity in their briefing, and the Court declines to raise these arguments on their behalf. … Her inability to be present during or even aware of a court proceeding clearly precludes finding Ms.

TEDROW v. FRANKLIN TOWNSHIP COMMUNITY SCHOOL CORPORATION

District Court, S.D. Indiana · Mar 14, 2022

The ITCA also grants tort immunity to employees of the state’s political subdivisions, unless the employee acts criminally, clearly outside the scope of employment, maliciously, willfully and wantonly, or in a manner calculated … Morris are immune because Mr. Tedrow doesn’t allege any exceptions to employee immunity in the EEOC charges or in his complaint. Mr. Tedrow doesn’t refute the defendants’ arguments.

ANDRES v. United States

District Court, S.D. Indiana · Jul 14, 2025

The Seventh Circuit also requires a showing of "as- certainability," meaning "that [the] class be defined . . . clearly and based on objective criteria." Mullins v. … Ascertainability An ascertainable class is "defined clearly and based on objective criteria." Mullins, 795 F.3d at 659.