Case: Bowling v. Pence

1:14-cv-00405 | U.S. District Court for the Southern District of Indiana

Filed Date: March 14, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On March 14, 2014, three lesbian women filed this lawsuit in the U.S. District Court for the Southern District of Indiana against the State of Indiana. The plaintiffs, two of whom are married to each other, represented by private attorneys, brought suit under 42 U.S.C. § 1983 and asked the court for declaratory relief and both temporary and permanent injunctive relief. They claimed that Indiana's laws prohibiting the recognition of same-sex marriage, and the manner in which those statutes have …

On March 14, 2014, three lesbian women filed this lawsuit in the U.S. District Court for the Southern District of Indiana against the State of Indiana. The plaintiffs, two of whom are married to each other, represented by private attorneys, brought suit under 42 U.S.C. § 1983 and asked the court for declaratory relief and both temporary and permanent injunctive relief. They claimed that Indiana's laws prohibiting the recognition of same-sex marriage, and the manner in which those statutes have been interpreted and enforced, violate the Due Process and Equal Protection clauses because they deny plaintiffs the right to the most important relationship in life and make them second-class citizens due to the range of benefits that the legal recognition of marriage allows. In addition, one of the plaintiffs wished to obtain a legal separation from her same-sex partner and was unable to legally to do so in Indiana.

On August 19, 2014, Judge Richard L. Young entered a judgment on both plaintiffs' and defendants' motions for summary judgment. Bowling v. Pence, 2014 WL 4104814 (S.D. Ind. Aug. 19, 2014). The court ordered defendants permanently enjoined from: denying a marriage license to same-sex applicants, enforcing the same-sex marriage ban; and to administer the same services and benefits to all married couples regardless if they are same-sex or different-sex. In an interesting turn of events, Judge Young held that Governor Pence was a proper defendant in this case (Governor Pence was dismissed from the other same-sex marriage cases). On August 20, 2014, defendants appealed to the Seventh Circuit. The Court of Appeals stayed briefing in this case pending its decision in Baskin v. Bogan, another same-sex marriage case from Indiana.

On September 4, 2014, the Seventh Circuit issued its opinion in Baskin v. Bogan, 766 F.3d 648 (7th Cir. 2014), holding the same-sex marriage ban unconstitutional (although staying operation of that opinion while the defendants sought review in the Supreme Court). On October 6, 2014, the Supreme Court denied review, and the Seventh Circuit issued its mandate from Baskin v. Bogan. The state declined to further litigate this case and it was dismissed. The parties subsequently reached an agreement on attorneys' fees that was not disclosed to the Court. The case is now closed.

 

Summary Authors

Alex Wharton (10/12/2014)

Eva Richardson (1/6/2019)

Related Cases

Love v. Pence, Southern District of Indiana (2014)

Baskin v. Bogan, Southern District of Indiana (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4266731/parties/bowling-v-pence/


Judge(s)

Baker, Tim A. (Indiana)

Barker, Sarah Evans (Indiana)

Attorney for Plaintiff

Aldridge, Jennifer R. (Indiana)

Clearwaters, Megan L. (Indiana)

Attorney for Defendant

Fisher, Thomas M. (Indiana)

Documents in the Clearinghouse

Documents in this case

1:14-cv-00405

Docket [PACER]

May 20, 2015

May 20, 2015

Docket
1

1:14-cv-00405

Complaint for Declaratory and Injunctive Relief

March 14, 2014

March 14, 2014

Complaint
41

1:14-cv-00405

Entry on Cross Motions for Summary Judgment

Aug. 19, 2014

Aug. 19, 2014

Order/Opinion

39 F.Supp.3d 1025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4266731/bowling-v-pence/

Last updated March 29, 2026, 4:42 a.m.

ECF Number Date Description Link
1 March 14, 2014

COMPLAINT against MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER, filed by MICHELLE BOWLING, LINDA BRUNER, SHANNON BOWLING. (Filing fee $400, receipt number IP039938) (Attachments: # 1 Civil Cover Sheet)(JRT) (Entered: 03/17/2014)

1 Civil Cover Sheet

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Clearinghouse
2 March 14, 2014

NOTICE of Appearance by Richard A. Mann on behalf of Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (JRT) (Entered: 03/17/2014)

RECAP
3 March 14, 2014

NOTICE of Appearance by Lisa Marie Joachim on behalf of Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (JRT) (Entered: 03/17/2014)

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4 March 14, 2014

NOTICE of Appearance by Todd Douglas Small on behalf of Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (JRT) (Entered: 03/17/2014)

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5 March 14, 2014

Summons Issued as to MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (JRT) (Entered: 03/17/2014)

RECAP
6 March 17, 2014

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRT) (Entered: 03/17/2014)

RECAP
7 March 18, 2014

ORDER REASSIGNING CASE. Clerk is directed to reassign case to Judge Richard L. Young and Magistrate Judge Tim A. Baker for all further proceedings. This case is related to 4:14-CV-15-RLY-TAB. Judge Sarah Evans Barker and Magistrate Judge Denise K. LaRue no longer assigned to case. Signed by Judge Richard L. Young on 3/18/2014. (TMD) (Entered: 03/18/2014)

RECAP
8 March 20, 2014

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants MICHAEL ALLEY, ANITA SAMUEL. (Fisher, Thomas) (Entered: 03/20/2014)

RECAP
9 March 21, 2014

NOTICE of Reassignment of Case to Judge Richard L. Young and Magistrate Judge Tim A. Baker. Judge Sarah Evans Barker, Magistrate Judge Denise K. LaRue no longer assigned to the case. Please include the new case number, 1:14-cv-00405-RLY-TAB, on all future filings in this matter. (AAM) (Entered: 03/21/2014)

RECAP
10 March 24, 2014

NOTICE of Appearance by Thomas M. Fisher on behalf of Defendants MICHAEL PENCE, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 03/24/2014)

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11 March 25, 2014

WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. GREGORY ZOELLER waiver sent on 3/18/2014. (Small, Todd) (Entered: 03/25/2014)

RECAP
12 March 25, 2014

WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. MICHAEL PENCE waiver sent on 3/18/2014. (Small, Todd) (Entered: 03/25/2014)

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13 March 25, 2014

WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. ANITA SAMUEL waiver sent on 3/18/2014. (Small, Todd) (Entered: 03/25/2014)

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14 March 25, 2014

WAIVER OF SERVICE Returned Executed, filed by All Plaintiffs. MICHAEL ALLEY waiver sent on 3/18/2014. (Small, Todd) (Entered: 03/25/2014)

RECAP
15 March 27, 2014

SCHEDULING ORDER: A Telephonic Conference is set for 4/4/2014 at 2:00 PM (EST) before Judge Richard L. Young. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 3/27/2014.(TMD) (Entered: 03/27/2014)

RECAP
17 April 4, 2014

Minute Entry for telephonic scheduling conference held 4/04/2014 before Judge Richard L. Young.Dispositive Motions due by 4/21/2014. (Court Reporter Judy Mason.) (TMD) (Entered: 04/04/2014)

RECAP
18 April 18, 2014

SCHEDULING ORDER: TELEPHONIC Status Conference is set for 4/21/2014 at 12:45 PM before Judge Richard L. Young. Signed by Judge Richard L. Young on 4/18/2014.(TMD) (Entered: 04/18/2014)

RECAP
19 April 21, 2014

MOTION for Summary Judgment, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Small, Todd) (Entered: 04/21/2014)

RECAP
20 April 21, 2014

BRIEF/MEMORANDUM in Support re 19 MOTION for Summary Judgment, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Small, Todd) (Entered: 04/21/2014)

RECAP
21 April 21, 2014

Designation of Evidence re 19 MOTION for Summary Judgment, 20 Brief/Memorandum in Support of Motion, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Exhibit 1-Declaration of Michelle Bowling, # 2 Exhibit 2-Declaration of Shannon Bowling, # 3 Exhibit 3-Declaration of Linda Bruner, # 4 Exhibit 4-Declaration of Brian Powell)(Small, Todd) (Entered: 04/21/2014)

1 Exhibit 1-Declaration of Michelle Bowling

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2 Exhibit 2-Declaration of Shannon Bowling

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3 Exhibit 3-Declaration of Linda Bruner

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4 Exhibit 4-Declaration of Brian Powell

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RECAP
22 April 21, 2014

Minute Entry for telephonic conference held 4/21/2014 before Judge Richard L. Young. (Court Reporter Judy Mason.) (TMD) (Entered: 04/28/2014)

RECAP
23 May 19, 2014

NOTICE OF AUTOMATIC INITIAL EXTENSION OF TIME, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER (Fisher, Thomas) (Entered: 05/19/2014)

RECAP
24 May 20, 2014

STIPULATION CONCERNING BRIEFING SCHEDULE, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 05/20/2014)

RECAP
25 May 29, 2014

MOTION for Summary Judgment, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 05/29/2014)

RECAP
26 May 29, 2014

BRIEF/MEMORANDUM in Support re 25 MOTION for Summary Judgment AND IN OPPOSITION TO PLAINTIFFS MOTION FOR SUMMARY JUDGMENT, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 05/29/2014)

RECAP
27 June 16, 2014

Defendants' ANSWER to 1 Complaint for Declaratory and Injunctive Relief, filed by MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER.(Fisher, Thomas) (Entered: 06/16/2014)

RECAP
28 June 19, 2014

NOTICE of Appearance by Megan L. Clearwaters on behalf of Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Clearwaters, Megan) (Entered: 06/19/2014)

RECAP
29 June 26, 2014

NOTICE of Appearance by Jennifer R. Mann on behalf of Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Mann, Jennifer) (Entered: 06/26/2014)

RECAP
30 June 26, 2014

REPLY in Support of Motion re 19 MOTION for Summary Judgment, 25 MOTION for Summary Judgment Response in opposition to Defendants' Motion for Summary Judgment, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Mann, Richard) (Entered: 06/26/2014)

RECAP
31 June 26, 2014

Designation of Evidence re 30 Reply in Support of Motion for Summary Judgment, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Exhibit Supp. Decl of Michelle, # 2 Exhibit Supp. Decl of Shannon, # 3 Exhibit Supp. Decl of Linda, # 4 Exhibit Decl. of Grossberg, # 5 Exhibit Supp. Decl of Powell)(Mann, Richard) (Entered: 06/26/2014)

1 Exhibit Supp. Decl of Michelle

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2 Exhibit Supp. Decl of Shannon

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3 Exhibit Supp. Decl of Linda

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4 Exhibit Decl. of Grossberg

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5 Exhibit Supp. Decl of Powell

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RECAP
32 July 3, 2014

MOTION for Extension of Time to 07/24/2014 to file reply to 25 MOTION for Summary Judgment, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Attachments: # 1 Text of Proposed Order proposed order)(Fisher, Thomas) (Entered: 07/03/2014)

1 Text of Proposed Order proposed order

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RECAP
33 July 3, 2014

RESPONSE in Opposition re 32 MOTION for Extension of Time to 07/24/2014 to file reply to 25 MOTION for Summary Judgment, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Mann, Richard) (Entered: 07/03/2014)

RECAP
34 July 9, 2014

ORDER granting Defts' 32 Motion for Extension of Time to File Reply to 7/24/2014 re 25 MOTION for Summary Judgment . Signed by Magistrate Judge Tim A. Baker on 7/9/2014. (SWM) (Entered: 07/10/2014)

RECAP
35 July 14, 2014

MOTION to Stay OF JUDGMENT PENDING APPEAL, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 07/14/2014)

RECAP
36 July 21, 2014

First MOTION to supplement designations, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Text of Proposed Order proposed order)(Mann, Richard) (Entered: 07/21/2014)

1 Text of Proposed Order proposed order

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RECAP
37 July 21, 2014

NOTICE of supplemental designation, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER, re 36 First MOTION to supplement designations, 31 Designation of Evidence. (Attachments: # 1 Exhibit Memorandum from Governor) (Mann, Richard) (Entered: 07/21/2014)

1 Exhibit Memorandum from Governor

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RECAP
38 July 24, 2014

REPLY in Support of Motion re 25 MOTION for Summary Judgment, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Fisher, Thomas) (Entered: 07/24/2014)

RECAP
39 July 24, 2014

RESPONSE in Opposition re 35 MOTION to Stay OF JUDGMENT PENDING APPEAL, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Mann, Richard) (Entered: 07/24/2014)

RECAP
41 Aug. 19, 2014

ORDER granting Plaintiffs' 19 Motion for Summary Judgment; denying Defendants' 25 Motion for Summary Judgment and granting Defendants' 35 Motion to Stay. Signed by Judge Richard L. Young on 8/19/2014. (TMD) (Entered: 08/19/2014)

Clearinghouse
40 Aug. 19, 2014

ORDER granting Plaintiffs' 36 Motion to Supplement Designations. Signed by Judge Richard L. Young on 8/19/2014. (TMD) (Entered: 08/19/2014)

RECAP
42 Aug. 19, 2014

CLOSED JUDGMENT in favor of Plaintiffs and against Defendants. Signed by Judge Richard L. Young on 8/19/2014.(TMD) (Entered: 08/19/2014)

RECAP
43 Aug. 20, 2014

NOTICE OF APPEAL as to 41 Order on Motion to StayOrder on Motion for Summary Judgment, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (No fee paid with this filing) (Fisher, Thomas) (Entered: 08/20/2014)

RECAP
44 Aug. 20, 2014

DOCKETING STATEMENT by MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER re 43 Notice of Appeal (Fisher, Thomas) (Entered: 08/20/2014)

RECAP
45 Aug. 21, 2014

SEVENTH CIRCUIT APPEAL INFORMATION SHEET re 43 Notice of Appeal - Instructions for Attorneys - Parties' Short Record, Instructions, and Designation of Record information attached. (LBT) (Entered: 08/21/2014)

RECAP
46 Aug. 21, 2014

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 43 Notice of Appeal. - for Court of Appeals Use Only. (LBT) (Entered: 08/21/2014)

RECAP
47 Aug. 21, 2014

USCA Appeal Fees received $ 505.00 receipt number IP042133 re 43 Notice of Appeal filed by MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER (DJH) (Entered: 08/21/2014)

RECAP
48 Aug. 21, 2014

USCA Case Number 14-2854 for 43 Notice of Appeal filed by MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (LBT) (Entered: 08/21/2014)

RECAP
49 Aug. 22, 2014

Unopposed MOTION for Extension of Time to File for Attorneys' Fees and Costs, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Text of Proposed Order)(Small, Todd) (Entered: 08/22/2014)

1 Text of Proposed Order

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RECAP
50 Aug. 28, 2014

ORDER granting Plaintiffs' 49 Motion for Extension of Time to File for Attorneys' Fees and Costs. Plaintiffs are granted an extension of time to file for their reasonable attorneys' fees and costs until 95 days after the Seventh Circuit issues its mandate in this case or the case is otherwise resolved in the Seventh Circuit, or 35 days after any proceedings in the United States Supreme Court are resolved, whichever is later. Signed by Magistrate Judge Tim A. Baker on 8/28/2014. (SWM) (Entered: 08/29/2014)

RECAP
51 Sept. 4, 2014

Unopposed MOTION for Leave to File belated Joint Designation of Record for Use on Appeal, filed by Defendants MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER. (Attachments: # (1) Exhibit - Joint Desgnation of Record for Use on Appeal, # (2) Text of Proposed Order)(Fisher, Thomas) Modified on 9/5/2014 (NRN). (Entered: 09/04/2014)

1 Exhibit - Joint Desgnation of Record for Use on Appeal

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2 Text of Proposed Order

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RECAP
52 Oct. 7, 2014

ORDER granting 51 Motion for Leave to File Joint Designation of Record for Use on Appeal. Said filing to be made within 5 business days. Signed by Judge Richard L. Young on 10/7/2014. (TMD) (Entered: 10/07/2014)

RECAP
53 Jan. 5, 2015

MANDATE of USCA as to 43 Notice of Appeal filed by MICHAEL ALLEY, MICHAEL PENCE, ANITA SAMUEL, GREGORY ZOELLER (USCA #14-2854) - Upon consideration of the Motion to Dismiss Appeal as Moot, filed on 1/5/2015, by counsel for the appellants, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (JLM) Modified on 1/6/2015 (JLM). (Entered: 01/06/2015)

RECAP
54 Jan. 9, 2015

Stipulated MOTION for Leave to File Motion for Attorney Fees and Costs, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Text of Proposed Order Order Entering Agreed Stipulation)(Small, Todd) Modified on 1/12/2015 (NRN). Modified on 1/12/2015 (NRN). (Entered: 01/09/2015)

1 Text of Proposed Order Order Entering Agreed Stipulation

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RECAP
55 Jan. 22, 2015

ORDER granting 54 Motion. It is therefore ORDERED that Plaintiffs may file their Petition for Attorneys' Fees and Costs on or before April 10, 2015. Signed by Magistrate Judge Tim A. Baker on 1/22/2015. (DW) (Entered: 01/22/2015)

RECAP
56 March 31, 2015

Unopposed MOTION for Extension of Time to File Motion for Attorney Fees, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Text of Proposed Order Order granting unopposed extension to file fee petition)(Mann, Richard) Modified on 4/1/2015 (NRN). (Entered: 03/31/2015)

1 Text of Proposed Order Order granting unopposed extension to file fee petition

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RECAP
57 April 6, 2015

ORDER granting Plaintiffs' 56 Motion for Extension of Time to File for Attorneys' Fees and Costs to 5/11/2015. Signed by Magistrate Judge Tim A. Baker on 4/6/2015. (SWM) (Entered: 04/06/2015)

RECAP
58 May 5, 2015

Third MOTION for Extension of Time to June 10, 2015, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER. (Attachments: # 1 Text of Proposed Order Order granting Ext of Time)(Mann, Richard) (Entered: 05/05/2015)

1 Text of Proposed Order Order granting Ext of Time

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59 May 7, 2015

MARGINAL ENTRY granting Plaintiff's 58 Motion for Extension of Time to file for Attorney's Fees and Costs to 6/10/2015. Signed by Magistrate Judge Tim A. Baker on 5/7/2015. (SWM) (Entered: 05/07/2015)

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60 May 20, 2015

NOTICE of payment of attorney fees and costs, filed by Plaintiffs MICHELLE BOWLING, SHANNON BOWLING, LINDA BRUNER (Mann, Richard) (Entered: 05/20/2015)

RECAP

Case Details

State / Territory:

Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: March 14, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three lesbian women residing in Indiana.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Indiana

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

State law

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Full Faith and Credit

Right to travel

Other Dockets:

Southern District of Indiana 1:14-cv-00405

U.S. Court of Appeals for the Seventh Circuit 14-02854

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: Unknown

Issues

General/Misc.:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Area:

Disparate Impact

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+

Recommended Citation