Case law

David Freed v. Elizabeth Freed

Indiana Court of Appeals · Jan 26, 2024

Establishment of public policy on Court of Appeals of Indiana | Opinion 23A-DC-129 | January 26, 2024 Page 7 of 30  this delicate issue would be better left to our General Assembly, but there is … [23] According to the Fourteenth Amendment to the United States Constitution: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the

QUINN v. WARDEN

District Court, S.D. Indiana · Apr 21, 2020

It is the petitioner’s “burden to establish both [elements].” Socha v. Boughton, 763 F.3d 674, 683 (7th Cir. 2015). Mr. … Quinn’s petition was filed beyond the expiration of the one-year statutory limitations period and that he failed to prove that he qualified for equitable tolling.

Gardner

District Court, N.D. Indiana · Oct 21, 2025

A claimant qualifies as disabled if he or she cannot perform such work. … (R. at 1663–75). 5 panic such as shaking, heart racing, and difficulty thinking clearly. (Id. at 1480.) Ms.

Dodd v. Wexford Medical Inc

District Court, N.D. Indiana · Apr 27, 2021

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 … Here, he alleges that Wexford denied his request to participate in the prison’s Recovery While Incarcerated (“RWI”) program even though his background qualified him for participation in this program. Id.

DeLeon

District Court, N.D. Indiana · May 19, 2026

It establishes a strict liability regime, such that if an employee can prove a violation of the SAA, then the employer is deemed negligent as a matter of law. McGinn v. Burlington Northern R. … Even if we treated the tread of the side ladder as a side handhold for purposes of finding an SAA violation, it would not clearly resolve this in DeLeon’s favor.

Robert A. Peterson, Jr. v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Apr 30, 2018

The State also presented the Vista Village surveillance video footage that clearly shows Peterson’s truck. … the discharge of that weapon,” the State’s evidence sufficiently supports Peterson’s conviction on Count I because police recovered two firearms from his trailer after he had been convicted of a qualifying

Bowe v. Colgate-Palmolive Co.

443 F. Supp. 696 · District Court, S.D. Indiana · Dec 30, 1977

With the Sellers group and Colgate clearly at opposite poles on the back pay issue, the matter came on for evidentiary hearing and oral argument on April 16, 1974. … Plaintiffs’ counsel clearly demonstrated their legal ability by emerging successfully in this complicated civil rights action.

McClung v. Warden

District Court, N.D. Indiana · Feb 2, 2022

As a general rule, “[n]egligence on the part of a prisoner’s postconviction attorney does not qualify as cause.” Id. … 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.

Braddock v. Madison County, Ind.

34 F. Supp. 2d 1098 · District Court, S.D. Indiana · Nov 30, 1998

Indiana has established a system of governmental checks and balances that divides authority over the administration of the courts in Madison County. … Thompson, 133 F.3d 1063, 1064 (7th Cir.1998) (assuming Seminole Tribe bars such claims so long as state has not waived Eleventh Amendment immunity).

Henley v. Gaydos

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

“A party asserting that a fact cannot be or is genuinely disputed must support the assertion by . . . citing to particular parts of materials in the record” or “showing that the materials cited do not establish the absence … Finally, Defendants argue that they are entitled to qualified immunity. At the screening stage of this case, it was unclear if Plaintiff was a pre-trial detainee or a convicted inmate.

In Re Guardianship of Stalker

953 N.E.2d 1094 · Indiana Court of Appeals · Jul 29, 2011

To invoke this doctrine, the matters decided in the earlier appeal must clearly appear to be the only possible construction of an opinion. Id. … There is no evidence in the record, nor does Stalker direct us to any, establishing that at the moment Pierce decided to demolish the home, she was acting as a member of the Board of Health.

STANT USA CORP. v. FACTORY MUTUAL INSURANCE COMPANY

District Court, S.D. Indiana · Feb 3, 2022

Stant's customers' locations qualify as contingent time element locations under this provision.3 See id. at 79. … Thus, the Policy clearly links "physical loss or damage of the type insured" with the repair or replacement of that property.

MURPHY v. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION

District Court, S.D. Indiana · Sep 20, 2021

At screening, the Court held that Indiana had not waived sovereign immunity as to damages claims under RLUIPA, so any official-capacity claims for compensatory damages were barred. Dkt. 3 at 2. … Murphy said "clearly states" how to slaughter meats and which meats to eat and not to eat, Mr.

Indiana Insurance Companies v. Granite State Insurance

689 F. Supp. 1549 · District Court, S.D. Indiana · Jul 13, 1988

The purported exclusion is ineffective to defeat coverage in this instance because its language does not clearly and unmistakably define the scope of the exclusion. … In this case the damages were personal injury damages which typically do not fall within the established fixed and ascertainable standard.

ROSS v. FEDEX FREIGHT

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

limitations of an otherwise qualified individual with a disability who is an applicant or employee.'" … Indiana courts use a rigorous standard to establish extreme or outrageous conduct. Westminster, 992 N.E.2d at 870.

Matter of Belt

106 B.R. 553 · United States Bankruptcy Court, N.D. Indiana · Aug 28, 1989

The court concluded that the “restitution” to the father was not a legal obligation that would qualify as a debt under § 109(e). … The court’s decision resulted in a finding that Cregut could not qualify as a debtor.

Boggs v. Redman

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

Boggs was a pretrial detainee at the time of his injuries—he not just alleges this fact at one point, but bond already had been set before the July 28 altercation (ECF 4 ¶ 18)—but the parties have not clearly parsed the … Boggs must establish that the defendants’ conduct was objectively unreasonable under the circumstances. Lopez, 464 F.3d at 719.

Nancy Hay v. Richard Hay

Indiana Court of Appeals · Sep 11, 2014

Clearly from the evidence and a review of the file, [Wife’s ISTRF] was never valued at the time of the dissolution. … App. 2006) (“It is well established that a party cannot raise an argument for the first time on appeal.”).

INDIANAPOLIS FRUIT COMPANY LLC v. GREEN BEAN DELIVERY, LLC

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

In order to assert a valid PACA trust claim against Defendants, Indy Fruit must establish that: "(1) it qualifies for protection under PACA as a produce supplier; (2) it provided the requisite notice of intent to preserve … Therefore, "the dissipation of PACA trust assets can render money damages inadequate, thereby necessitating equitable relief, especially when the dissipation will clearly result in the debtor's inability to make payment

Stark v. Commissioner of Social Security

District Court, N.D. Indiana · Apr 19, 2021

Clearly, the fact that the Agency consultants may be “highly qualified” does not automatically render the opinions supported. Giacchetti v. Berryhill, No 16 C 5055, 2017 WL 1731715, at *7 (N.D. Ill. … Clearly, these findings “bear[] directly” on, and undermine, the State Agency’s opinions. Moreno v. Berryhill, 882 F.3d 722, 729 (7th Cir. 2018).