Case law

Dimmett v. Warden

District Court, N.D. Indiana · Jun 11, 2024

prisoner’s postconviction attorney does not qualify as cause.” Id. … “The statute clearly allows the presence of impurities or other substances to be considered in determining the weight of confiscated drugs, or in reaching the [statutory threshold weight].” Id.

Sims

District Court, N.D. Indiana · Jul 15, 2026

The state defendants also argue that they are entitled to qualified immunity. In his response briefs, Mr. … As submitted, the evidence does not establish that Mr. Sims’s condition was so obvious that the need for a doctor’s attention was easily recognizable.

Ryan T. McMullen v. State of Indiana (mem. dec.)

Indiana Court of Appeals · Jun 27, 2018

court held: Court of Appeals of Indiana | Memorandum Decision 27A02-1710-PC-2555 | June 27, 2018 Page 22 of 36  [A] police officer or law enforcement official who is offered and qualified … Memorandum Decision 27A02-1710-PC-2555 | June 27, 2018 Page 35 of 36  Conclusion [59] Based on the facts and circumstances before us, the post-conviction court did not clearly

Williams v. Pharmacia Inc.

956 F. Supp. 1457 · District Court, N.D. Indiana · Nov 21, 1996

McKenzie has failed to establish the causation element of a prima facie case with respect to this incident. 92 F.3d at 485 . Neither Juarez nor Holland v. … Jefferson Nat’l Life Ins., Co., 883 F.2d 1307 (7th Cir.1989) (also cited by Pharmacia), establishes that the period between Ms.

MBC GROUP, INC. v. CONDUENT STATE & LOCAL SOLUTIONS, INC.

District Court, S.D. Indiana · Feb 23, 2024

App. 1990) ("To be enforceable, it must clearly appear that it was the purpose or a purpose of the contract to impose an obligation on one of the contracting parties in favor of the third party."). … Under New York law, liability-limiting provisions are unenforceable only when, in contravention of acceptable notions of morality, the misconduct for which it would grant immunity smacks of intentional wrongdoing

Fulk v. United States

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

Fulk had 27 criminal history points—more than twice the number needed to qualify for the highest criminal history category of VI. (Id. at ¶ 95). … From the evidence provided, Fulk cannot establish that a motion to suppress would have had merit nor can he establish that any such failure prejudiced him.

WATERMAN v. KEEN

District Court, S.D. Indiana · May 21, 2024

As set forth below, the evidence of record establishes that that date is October 26, 2020. … Tn light of this finding, the Court need not, and does not, address the parties’ arguments regarding the merits of Waterman's claims or the Defendants’ qualified immunity defense. 15

Pennington v. United States

District Court, N.D. Indiana · Sep 11, 2023

Once the defendant has established such a conflict, he must further establish that the conflict “adversely affected his lawyer's performance.” Id. at 348. … A “mere possibility of prejudice does not qualify as actual prejudice.” Prewitt v.

Webster v. Bradford-Scott Data, LLC

District Court, N.D. Indiana · Feb 20, 2025

The diminished value of Plaintiffs’ PII is simply “too speculative” to establish a cognizable injury. … That said, the Court cannot say these allegations have “no possible relation to the controversy and [are] clearly prejudicial.” Mitchell, 603 F. Supp. at 921.

United States v. Abreu

747 F. Supp. 493 · District Court, N.D. Indiana · Aug 2, 1990

The court indicated that the agreements, which also feature the dismissal of all charges in HCR 89-87, appear to be designed to circumvent the Guidelines established by the United States Sentencing Commission under the Sentencing … Clearly, the fact that an indictment was returned by a grand jury removes the decision as to whether the prosecution of those charges shall terminate from the sole and exclusive province of the executive, whether incident

Fromer v. Payne

District Court, N.D. Indiana · May 16, 2022

McBride, 178 F.3d 849, 855 (7th Cir. 1999) (where inmate complained about severe deprivations but was ignored, he established a “prototypical case of deliberate indifference”). … He alleges Nurse Wenzel would not refer him to a doctor, but he clearly knew how to request a medical appointment and there is no indication she prevented him from doing so. Mr.

Boura

District Court, N.D. Indiana · Mar 31, 2026

A claimant qualifies as disabled if he or she cannot perform such work. … There’s no indication that the VE independently reviewed the medical record so as to be clearly aware of Plaintiff’s limitations.

1st Source Bank v. Village of Stevensville

947 F. Supp. 2d 934 · District Court, N.D. Indiana · May 23, 2013

Peterson asserted that the Village could borrow up to $3,000,000 pursuant to MCL § 69.22 and that the Village was a “qualified small issuer” as defined by 26 U.S.C. § 265 . (Id.) … provides the clearest restatement of the rule against applying the doctrine of estoppel in cases where a municipal corporation exercises its authority in contravention of statutory requirements: We do observe ... that the long established

Harrison v. City of Fort Wayne

District Court, N.D. Indiana · Oct 8, 2020

At least as to Harrison’s § 1983 claims, the letter is clearly not relevant. See Hill v. City of Chi., No. 06 C 6772, 2011 WL 3205304, at *3 (N.D. Ill. … July 28, 2011) (“It is well-settled that violations of the Chicago Police Department Rules and Regulations cannot establish proof that a defendant violated a plaintiff’s constitutional rights.” (citing Thompson v.

THE SOCIETY FOR DIVERSITY v. DTUI.COM LLC

District Court, S.D. Indiana · Jul 22, 2020

Just as Real Action's email list was insufficient to establish a relationship between it and the forum state in Advanced Tactical, DTUI's email list in is insufficient to establish that relationship here. … Under the Seventh Circuit's requirements for determining whether the purposeful-direction requirement is met, the Defendants clearly did not expressly aim their conduct at the forum state. Tamburo v.

Custom Truck One Source, Inc. v. Norris

District Court, N.D. Indiana · Feb 28, 2022

Additionally, Defendant asserts that CTOS does not have a protectable interest merely in the place where a business establishes itself. … cannot conclude that CTOS has established it.

SEBOLT v. United States

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

Sebolt that the condition did not qualify as emergency dental care. Id. at 7, ¶ 32. The remaining part of the tooth fell out on its own on November 20, 2016. … FTCA Standard The FTCA is a limited waiver of the United States' sovereign immunity.

Peak v. State

240 Ind. 334 · Indiana Supreme Court · Jan 11, 1960

Every statement that we have been able to find relating to the use of an assumed or fictitious name by a person in taking title to property is always qualified by the provision that it cannot be done for the purpose of fraud … To keep the issue clearly before us it must be kept in mind that appellant herein was charged by indictment with falsely attesting an acknowledgment of a deed under § 10-3603, supra, and that this is not an action against

JOHNSON v. PRETORIUS

District Court, S.D. Indiana · Feb 19, 2025

Upon review, no part of the Magistrate Judge's Order was clearly erroneous or contrary to law. … Warden Pretorius responded on November 21, 2023, stating, "I am not a qualified medical provider nor can I dictate medical treatment . . . . You may file a grievance on this matter.

State Ex Rel. McManamon v. Blackford Circuit Court

229 Ind. 3 · Indiana Supreme Court · Dec 1, 1950

It seems, however, to be pretty well established that a petition for a writ of error coram nobis asks for a new trial, but is in the nature of a civil action. State ex rel. Emmert v. … Instead of seeking ways to overthrow legislation, this court should presume legislation valid until it is clearly shown unconstitutional.