Linda E. Dausch v. Reverend Greg Rykse, Knox Presbyterian Church, Chicago Presbytery, Also Known as Presbytery of Chicago, 9 F.3d 1244 (7th Cir. 1993). · Go Syfert
Linda E. Dausch v. Reverend Greg Rykse, Knox Presbyterian Church, Chicago Presbytery, Also Known as Presbytery of Chicago, 9 F.3d 1244 (7th Cir. 1993). Cases Citing This Book View Copy Cite
42 citation events (31 in the last 25 years) across 8 distinct courts.
Strongest positive: Steven George Bodnar v. Elizabeth Blackman (innd, 2026-02-03)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
cited Cited as authority (rule) Steven George Bodnar v. Elizabeth Blackman
N.D. Ind. · 2026 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium curiam).
cited Cited as authority (rule) Rosenwald v. Kimberly-Clark Corporation
9th Cir. · 2025 · confidence medium
Co. v. Stanewich, 142 F.3d 1145, 1148 (9th Cir. 1998) (quoting Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993)).
cited Cited as authority (rule) Pinkston v. Hatch
N.D. Ind. · 2025 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curiam).
cited Cited as authority (rule) Dabbouseh v. Kilani
N.D. Ind. · 2025 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Jackson-Tatum v. Sook
N.D. Ind. · 2025 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curiam).
cited Cited as authority (rule) Pinkston v. Hatch
N.D. Ind. · 2025 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curiam).
cited Cited as authority (rule) Huspon v. Indiana State Prison
N.D. Ind. · 2024 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curiam).
cited Cited as authority (rule) Robinson v. St Joesph County Jail
N.D. Ind. · 2024 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curiam).
cited Cited as authority (rule) Harvey v. Wilder
N.D. Ind. · 2024 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
discussed Cited as authority (rule) McLaughlin v. Taylor University
N.D. Ind. · 2024 · confidence medium
“For natural persons, state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993); see also Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (“[R]esidence may or may not demonstrate citizenship, which depends on domicile—that is to say, the state in which a person intends to live over the long run.”); Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (“In federal law citizenship means domicile, not residence.”).
cited Cited as authority (rule) Greer v. Walton
N.D. Ind. · 2024 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Morton v. Smous
N.D. Ind. · 2024 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993)(per curium).
discussed Cited as authority (rule) Bustamante v. Khalil
N.D. Ill. · 2024 · confidence medium
Here, the plaintiffs, who are considered citizens of Florida and Spain for jurisdiction purposes, Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993), initially filed suit against only Defendants Ayman and Nadeya Khalil, who are citizens of Illinois.
cited Cited as authority (rule) Brown v. Brinkerhoff
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993).
cited Cited as authority (rule) McDavid v. Folkerth
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Miller v. Elkhart General Hospital
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) TOWN OF CLARKSVILLE, INDIANA v. CLARKS LANDING ENTERPRISE INVESTMENTS LLC
S.D. Ind. · 2023 · confidence medium
For individuals, "state citizenship is determined by one's domicile." Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Clinton v. Edward Jones and Co, LP
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
discussed Cited as authority (rule) Letner v. Kraus
N.D. Ind. · 2023 · confidence medium
Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium); Denlinger v. Brennan, 87 F.3d 214, 216 (7th Cir. 1996). “[S]ince domicile is a voluntary status, a forcible change in a person’s state of residence does not alter his domicile; hence the domicile of the prisoner before he was imprisoned is presumed to remain his domicile while he is in prison.” Sullivan v. Freeman, 944 F.2d 334, 337 (7th Cir. 1991).
cited Cited as authority (rule) Clinton v. Edward Jones and Co, LP
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Letner v. Kraus
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Clinton v. Edward Jones and Co, LP
N.D. Ind. · 2023 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Mayberry v. Lenyo
N.D. Ind. · 2022 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Murgaw v. McGuire
N.D. Ind. · 2021 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
cited Cited as authority (rule) Brown v. Scalise
N.D. Ind. · 2021 · confidence medium
Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007); Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993).
cited Cited as authority (rule) Mayberry v. Keller
N.D. Ind. · 2021 · confidence medium
For individuals, “state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993) (per curium).
discussed Cited as authority (rule) McClellan v. CSX Transportation Inc
N.D. Ind. · 2019 · confidence medium
McClellan, was a resident of Indiana when she died, and therefore Able is a citizen of Indiana.1 “For natural persons, state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993); see also Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (“But residence may or may not demonstrate citizenship, which depends on domicile—that is to say, the state in which a person intends to live over the long run.”); Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (“In federal law citizenship me…
discussed Cited as authority (rule) Sabeehullah v. Fairlife LLC
N.D. Ind. · 2019 · confidence medium
“For natural persons, state citizenship is determined by one’s domicile.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir. 1993); see also Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (“But residence may or may not demonstrate citizenship, which depends on domicile—that is to say, the state in which a person intends to live over the long run.”); Am.’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (“In federal law citizenship means domicile, not residence.”).
cited Cited as authority (rule) O'NEAL v. Atwal
W.D. Wis. · 2006 · confidence medium
Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993).
cited Cited as authority (rule) Cummings v. Western Trial Lawyers Ass'n
D. Ariz. · 2001 · confidence medium
Co. v. Stanewich, 142 F.3d 1145, 1148 (9th Cir.1998) (quoting Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993)).
discussed Cited as authority (rule) Tylka, Pamela J. v. Gerber Products
7th Cir. · 2000 · confidence medium
See id.; see also Guaranty, 101 F.3d at 59 ; see, e.g., Held v. Held, 137 F.3d 998, 1000 (7th Cir. 1998); Dausch v. Ryske, 9 F.3d 1244, 1245 (7th Cir. 1993); Chicago Stadium Corp. v. State of Indiana, 220 F.2d 797, 799 (7th Cir. 1955).
discussed Cited as authority (rule) Pamela J. Tylka, H. Joshua Chaet, Cheryl Keller v. Gerber Products Company, a Michigan Corporation
7th Cir. · 2000 · confidence medium
See id.; see also Guaranty, 101 F.3d at 59 ; see, e.g., Held v. Held, 137 F.3d 998, 1000 (7th Cir.1998); Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993); Chicago Stadium Corp. v. State of Indiana, 220 F.2d 797, 799 (7th Cir.1955).
discussed Cited as authority (rule) 98 Cal. Daily Op. Serv. 3078, 98 Daily Journal D.A.R. 4241 Blue Ridge Insurance Co., a Maryland Corporation v. Kathy Stanewich, and Donald Van Ort Helen Van Ort
9th Cir. · 1998 · confidence medium
"In order to avoid dismissal for lack of subject matter jurisdiction, the plaintiff must enlarge the record to show the citizenship of each party as of the date that the complaint was filed." Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993).
discussed Cited as authority (rule) Blue Ridge Insurance v. Stanewich
9th Cir. · 1998 · confidence medium
“In order to avoid dismissal for lack of subject matter jurisdiction, the plaintiff must enlarge the record to show the citizenship of each party as of the date that the complaint was filed.” Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993).
discussed Cited as authority (rule) Bryant v. Yellow Freight Systems
N.D. Ill. · 1997 · confidence medium
As for Bryant himself, he identifies his California residence (SAC ¶ 1) but not his state of citizenship (which is by definition the relevant fact for diversity purposes) That alone could call for dismissal for lack of subject matter jurisdiction (see, e.g., America’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir.1992) (per curiam) and Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993) (per curiam)), although if that were the only defect involved this Court would follow its usual course of permitting the likely cure of Bryant’s error under Section 1653. 2.
cited Cited as authority (rule) Barbers, Hairstyling for Men & Women, Inc. v. Bishop
N.D. Ill. · 1997 · confidence medium
L.P., 980 F.2d 1072, 1074 (7th Cir.1992) (per curiam); Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993) (per curiam).
cited Cited as authority (rule) Selfix, Inc. v. Bisk
N.D. Ill. · 1994 · confidence medium
Pollution Control In *1335 dus. of America, Inc. v. Van Gundy, 21 F.3d 152, 155 (7th Cir.1994); Dausch v. Rykse, 9 F.3d 1244, 1245 (7th Cir.1993) (per curiam).
discussed Cited as authority (rule) Pollution Control Industries of America, Inc., a Missouri Corporation v. Linda R. Van Gundy, Jack J. Genova and Michael J. Genova (2×) also: Cited "see"
7th Cir. · 1994 · confidence medium
Dausch, 9 F.3d at 1245; America’s Best Inns, 980 F.2d at 1074 . 5 .Ironically, the affidavit — which asserted that Genova was a “citizen and resident" of Kansas and also that his "residence” was in Missouri— supports the existence of diversity, albeit in apparent error, in suggesting that Genova was indeed a citizen of Kansas. 6 .
cited Cited "see" Americontainer Limited Partnership v. Rankin
7th Cir. · 1994 · signal: see · confidence high
See Dausch v. Ryske, 9 F.3d 1244, 1245 (7th Cir.1993) (diversity must be shown as of date complaint is filed).
Retrieving the full opinion text from the archive…
Linda E. DAUSCH, Plaintiff-Appellant,
v.
Reverend Greg RYKSE, Knox Presbyterian Church, Chicago Presbytery, Also Known as Presbytery of Chicago, Et Al., Defendants-Appellees
93-1459.
Court of Appeals for the Seventh Circuit.
Nov 16, 1993.
9 F.3d 1244
Steven K. Jambois, Mary L. Chirillo (argued), Kralovec, Jambois & Schwartz, Chicago, IL, for Linda E. Dausch., Barry G. Bollinger, Craig G. Stifler, Kelly Ann Giampa (argued), Bollinger, Ruberry & Garvey, Chicago, IL, for Greg Rykse., David G. Mountcastle, Mountcastle, Kelly & Dyer, Wheaton, IL, for Knox Presbyterian Church Defendant-Appellee., Kathleen Mulligan (argued), James W. Teevans, Gardner, Carton & Douglas, Chicago, IL, for Chicago Presbytery.
Coffey, Ripple, Gibson.
Cited by 38 opinions  |  Published
PER CURIAM.

Despite protracted litigation of the issue prior to oral argument, our examination of the record in this case makes it clear that the[*1245] question of whether this ease was properly within the diversity jurisdiction of the district court remains to be resolved definitively.

According to ¶ 7 of the First Amended Complaint of plaintiff Linda E. Dausch, filed on August 6, 1992, this case was based upon diversity of citizenship. The complaint alleges that Linda Dausch “is presently a resident of the Commonwealth of Pennsylvania” (¶ 1); “defendant Greg Rykse is a resident of Naperville, Illinois” (¶ 2); “defendant Knox Presbyterian Church is located in Naperville, Illinois” (¶ 3); “defendant Chicago Presbytery is located in Chicago, Illinois” (¶4); and “defendant Presbyterian Church (U.S.A.) is located in Louisville, Kentucky” (¶ 5). Because the Presbyterian Church (U.S.A.) is no longer a party to this action, the last allegation need not concern us. The remaining statements are not proper allegations of citizenship as required by 28 U.S.C. § 1332. For natural persons, state citizenship is determined by one’s domicile. Gilbert v. David, 235 U.S. 561, 569, 35 S.Ct. 164, 166, 59 L.Ed. 360 (1915); America’s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir.1992); Poulos v. NAAS Foods, Inc., 959 F.2d 69, 70 n. 1 (7th Cir.1992); Galva Foundry Co. v. Heiden, 924 F.2d 729, 730 (7th Cir.1991). For Corporations, the provisions of 28 U.S.C. § 1332(c) set forth the appropriate standards. [1]

Defective allegations of jurisdiction may be amended on appeal. 28 U.S.C. § 1653. In order to avoid dismissal for lack of subject matter jurisdiction, the plaintiff must enlarge the record to show the citizenship of each party as of the date that the complaint was filed. America’s Best Inns, 980 F.2d at 1074 (stating obligation of the plaintiff to establish jurisdiction). This case, like Flemmings v. Barian, 822 F.2d 688 (7th Cir.1987), “is a case of a confusing pleading which raises doubt whether there really is diversity.” Id. at 693. In such circumstances, we require the plaintiff to submit an affidavit with respect to the citizenship of the parties. Id. (citing, e.g., Kanzelberger v. Kanzelberger, 782 F.2d 774, 777 (7th Cir.1986) (stating district courts should resolve jurisdictional doubt with supplementary factual proceedings)). See also Saturday Evening Post Co. v. Rumbleseat Press, Inc., 816 F.2d 1191, 1195-96 (7th Cir.1987) (stating that “parties’ sloppiness about jurisdiction is inexcusable, but not fatal”). Cf. Matchett v. Wold, 818 F.2d 574, 576 (7th Cir.), cert. denied, 484 U.S. 897, 108 S.Ct. 230, 98 L.Ed.2d 189 (1987) (remanding case for further exploration of diversity allegation).

Within 15 days of this opinion, the plaintiff shall submit to this court an affidavit stating with precision the basis for the assertion of diversity jurisdiction. In light of the long history of jurisdictional difficulties in this case, failure to comply with this opinion within the time prescribed may result in dismissal of the action.

It Is So ORDERED.

1

. We note that the Knox Presbyterian Church and the Chicago Presbytery state in their briefs that they are citizens of Illinois. It is, however, the duty of the plaintiff to state, in more than these conclusory terms, the basis for compliance with the jurisdictional norms of the diversity statute.