Case law

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  • Public Interest Legal Foundation Inc v. Sandvoss

    District Court, C.D. Illinois · Mar 8, 2022

    “The Eleventh Amendment confirmed, rather than established, sovereign immunity as a constitutional principle; it follows that the scope of the States' immunity from suit is demarcated not by the … Defendants argue that the words “all records” are qualified only by the descriptive phrase “concerning the implementation of programs and activities.”

    Cited 0 timesUnknown
  • Washington v. United States

    484 F. Supp. 2d 858 · District Court, C.D. Illinois · Apr 30, 2007

    The Notice stated that Petitioner had a 1994 conviction of delivery of controlled substance in Champaign County and that this conviction “may qualify as a basis for a sentencing enhancement.” … Petitioner was clearly capable of making that admission.

    Cited 1 timesPublished
  • Moore v. Bryant

    237 F. Supp. 2d 955 · District Court, C.D. Illinois · Dec 20, 2002

    of clearly established federal law.” … “Therefore, a federal court may not grant habeas corpus relief simply because it has independently concluded that the relevant state court decision misapplies clearly established federal law.

    Cited 0 timesPublished
  • Haslett

    District Court, C.D. Illinois · Oct 15, 2025

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … “The plaintiff must next establish ‘a subjective showing of a defendant’s culpable state of mind.’” Id.

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  • Flynn

    District Court, C.D. Illinois · May 1, 2026

    “To establish a violation, a plaintiff must show “he is a qualified individual with a disability, that he was denied the benefits of the services, programs, or activities of a public entity or otherwise subjected to discrimination … As a result, it does not appear that Plaintiff is a qualified individual with a disability.

    Cited 0 timesUnknown
  • Tornow v. Schweiker

    519 F. Supp. 860 · District Court, C.D. Illinois · Aug 10, 1981

    Numerous decisions by the Supreme Court of the United States, while not involving this precise statutory section and these exact arguments, have recognized and established principles which are clearly controlling in favor … Likewise, persons who qualify for maximum retirement benefits do not all make the same contributions.

    Cited 0 timesPublished
  • Drummond

    District Court, C.D. Illinois · Feb 2, 2026

    Duran as a party, his account does not establish that Dr. Duran examined Plaintiff or that Dr. Duran informed Plaintiff he would only prescribe Tylenol. See Mitchell v. … “First, the ‘Eleventh Amendment immunizes unconsenting states from suit in federal court.’” Id. (quoting Benning v. Bd. of Regents of Regency Univs., 928 F.2d 775, 777 (7th Cir. 1991)).

    Cited 0 timesUnknown
  • Coyle v. Harr

    District Court, C.D. Illinois · Sep 16, 2025

    Because the Defendants are entitled to summary judgment on the merits of the Plaintiff’s Fourth Amendment claims, the Court does not reach the question of whether the Defendants are entitled to qualified immunity. … Moreover, the Illinois Local Governmental and Governmental Employees Tort Immunity Act (Act) precludes the battery claim from proceeding here.

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  • Cole v. Illinois Department of Healthcare and Family Services

    District Court, C.D. Illinois · Mar 14, 2024

    As it relates to Plaintiff's § 1983 claim, Defendant contends that it has absolute immunity. It is a well-established that a State is not susceptible to suit in federal pursuant to the Eleventh Amendment. … Absent an unequivocal abrogation by Congress, a State is immune to suit in federal court only if the State has specifically waived its sovereign immunity which did not occur in this case.

    Cited 0 timesUnknown
  • People of the State of Illinois v. 3M Company

    District Court, C.D. Illinois · Sep 21, 2023

    The defense need only be “colorable,” not “clearly sustainable.” Ruppel, 701 F.3d at 1182 (quotation marks omitted). … for listing on the applicable Qualified Products List prior to military procurement.

    Cited 0 timesUnknown
  • Viehweg v. City of Mount Olive

    District Court, C.D. Illinois · Apr 21, 2023

    Plaintiff further claims he has pled sufficient facts to assert conspiracy, and Defendants are not entitled to qualified immunity. (Id. at 6-8.) A. … Finally, the individual Defendants would also be entitled to qualified immunity as to Plaintiff's claims for damages because Plaintiff has not plausibly alleged that any Defendant violated his clearly established constitutional

    Cited 0 timesUnknown
  • Staake v. Banks

    District Court, C.D. Illinois · Jun 14, 2023

    To allege a constitutional violation, Plaintiff must establish that the deliberate indifference to which he was subjected came about as a result of a custom or policy established by the Sheriff’s Department. … Plaintiff’s vague allegations do not establish a Monell claim against the Sheriff’s Department.

    Cited 0 timesUnknown
  • United States v. Rock Island Armory, Inc.

    773 F. Supp. 117 · District Court, C.D. Illinois · Jun 7, 1991

    It is well established that Congress may tax both legal and illegal activities. Marchetti v. … Clearly, the 1986 Congress did not feel bound by the 1968 declaration.

    Cited 25 timesPublished
  • Jones v. Lee

    District Court, C.D. Illinois · Jun 18, 2020

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. §1915A … Instead, the officer noted both letters clearly stated they were from the Clerk of the Court.

    Cited 0 timesUnknown
  • Willis v. Watson

    District Court, C.D. Illinois · Feb 23, 2021

    Robinson, 914 F.2d 486, 492 (4th Cir.1990) (“[I]t suffices to say that there is no clearly established, sufficiently contoured, right to hot showers in prison.”); Mann v. … In addition, Plaintiff has not clearly articulated a claim against Grievance Officer Goins and Administrative Review Board Member Thull.

    Cited 0 timesUnknown
  • Acuff v. IBP, Inc.

    65 F. Supp. 2d 866 · District Court, C.D. Illinois · Jul 27, 1999

    There is no dispute that Plaintiffs were discharged; they have therefore established the first element. The dispute centers around the latter two elements. … Therefore, if the Defendant did “willfully.. .violate the confidentiality between nurse and patient,” then said conduct could qualify as an intentional violation of “any provision” of the Act and be a crime under Illinois

    Cited 0 timesPublished
  • Singley v. Illinois & Midland Railroad

    127 F. Supp. 2d 1037 · District Court, C.D. Illinois · Jan 24, 2001

    In the section 510 context, the burden-shifting approach requires that a plaintiff establish a prima facie case by showing the following: (1) He belongs to the protected class; (2) He was qualified for the position; and ( … However, Belke was clearly referring to the complaints about Singley’s managing style made by employees under his command.

    Cited 0 timesPublished
  • Adams v. Secretary of Health & Human Services of America

    653 F. Supp. 249 · District Court, C.D. Illinois · Sep 22, 1986

    The burden of proof is on Plaintiff to establish the absence of fault and the injury to the purposes of the Act or equity or good conscience. … The Court.reads this section as establishing a two-pronged test for determining whether reimbursement of the overpayment can be waived.

    Cited 7 timesPublished
  • Hart

    District Court, C.D. Illinois · Apr 27, 2026

    ANALYSIS It is well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v. … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 13) The Clerk is directed to set an internal

    Cited 0 timesUnknown
  • Brown

    District Court, C.D. Illinois · Jul 2, 2026

    A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … will require that Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 11) The Court directs the Clerk to enter the standard qualified

    Cited 0 timesUnknown

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