Case law

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  • Sosa

    District Court, C.D. Illinois · Nov 19, 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 … Thus, a plaintiff can establish deliberate indifference by showing that a defendant “knew of a substantial risk of harm to the inmate and disregarded the risk.” Greeno v.

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  • Humes v. Rosario

    District Court, C.D. Illinois · Feb 1, 2021

    Act (“Tort Immunity Act”). … The City responds that the affirmative defense of “immunity” under the Tort Immunity Act, as raised in the Answer (d/e 18), included the statute of limitations defense. See d/e 30, p. 3.

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  • Jenkins v. Shinseki

    641 F. Supp. 2d 754 · District Court, C.D. Illinois · Jul 31, 2009

    The report also stated that Plaintiff connected his disability with being discriminated against “because management is supposed to promote qualified handicap[ped] employees and he is qualified.” … The record clearly shows that Plaintiff did not report any of these alleged discriminatory acts within 45 days. Plaintiff has not disputed Defendant’s evidence that he was aware of the 45-day requirement.

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  • Walker

    District Court, C.D. Illinois · Mar 23, 2026

    Act (Immunity Act) violates the Fifth and Fourteenth Amendments such that the Defendants or any other State of Illinois officials are prohibited from using, or claiming to be permitted to use, the Immunity Act to retain … The Supreme Court said that statute “clearly provides for a action against the state . . .”. Id.

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  • Warnisher

    District Court, C.D. Illinois · Jan 8, 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 … and will require Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 12) The Court directs the Clerk to enter the standard qualified

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  • DeLong v. Bomke

    District Court, C.D. Illinois · Jul 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. … will require that Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 13) The Court directs the Clerk to enter the standard qualified

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  • Taylor v. Vermilion County Jail

    District Court, C.D. Illinois · Oct 19, 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 … For instance, a letter from the Clerk of the Court would not qualify. See Antonelli v.

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  • Meneses v. Stuck

    District Court, C.D. Illinois · Mar 10, 2023

    Appx. 353, 355 (7th Cir. 2019) (inmate's right to refuse to cooperate with an investigation has not been clearly established in the Seventh Circuit); Martin v. … Therefore, the qualified immunity defense fails. However, Defendants maintain two important things happened between the two interviews.

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  • Daniels v. Trusewych

    District Court, C.D. Illinois · May 8, 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. … “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

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  • Villavicencio-Serna

    District Court, C.D. Illinois · Jun 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 … Thus, a plaintiff can establish deliberate indifference by showing that a defendant “knew of a substantial risk of harm to the inmate and disregarded the risk.” Greeno v.

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  • Arrington v. Posey

    District Court, C.D. Illinois · May 14, 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. … “To state a property loss claim under the Fourteenth Amendment, Plaintiff must establish a deprivation of liberty or property without due process of law.

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  • Ware v. Woodford County

    District Court, C.D. Illinois · Apr 29, 2021

    In addition, the Fourteenth Amendment’s Due Process Clause protects persons against deprivations of life, liberty, or property; and those who seek to invoke its procedural protection must establish that one of these interests … Plaintiff has clearly failed to articulate a claim. Seventh, Plaintiff says he was given pork to eat when he was in segregation which is against his religious beliefs.

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  • Cochran v. Green

    District Court, C.D. Illinois · May 13, 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. … require that Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 12) The Court directs the Clerk to enter the standard qualified

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  • Burton v. Southwestern Bell Mobile Systems, Inc.

    74 F. Supp. 2d 841 · District Court, C.D. Illinois · Nov 17, 1999

    was qualified for the job in question or was meeting his employer’s legitimate performance expectations, (3) that he suffered an adverse employment action, and (4) that the employer treated similarly situated employees outside … Moreover, background evidence may be shown by offering evidence that “the person ultimately hired was clearly less qualified than the plaintiff, the hiring authority expressed intense interest in hiring a [minority or a]

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  • Illinois v. SDS West Corp.

    640 F. Supp. 2d 1047 · District Court, C.D. Illinois · Jul 30, 2009

    Defendants allegedly violated the ICFDBPA by, inter alia, making false or misleading statements and failing to clearly and conspicuously provide certain information. … This implicates a well-established quasi-sovereign interest: securing an honest marketplace. Hood ex rel. Mississippi v. Microsoft Corp., 428 F.Supp.2d 537, 545 (S.D.Miss.2006); Wisconsin v.

    Cited 12 timesPublished
  • Talley v. Jackson

    District Court, C.D. Illinois · Jul 28, 2021

    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. … Fahim, 771 F.3d 403, 409 (7th Cir. 2014) (“Disagreement between a prisoner and his doctor, or even between two medical professionals, about the proper course of treatment generally is insufficient, by itself, to establish

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  • Wilson v. Scarlette

    District Court, C.D. Illinois · Dec 30, 2024

    As to the first step, Plaintiff has not established a reasonable attempt to secure counsel on his own. … The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

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  • Edwards v. Hansen

    District Court, C.D. Illinois · Jun 9, 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. … However, Plaintiff’s conclusory assertions fail to establish or permit the Court to infer an official policy or custom under any of the three conditions mentioned above.

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  • Edwards v. Sangamon County Jail

    District Court, C.D. Illinois · Feb 22, 2023

    Sparkman, 435 U.S. 349, 356-7 (1978)(judge immune from suit): Polk County v. Dodson, 454 U.S. 312, 317 n. 4 (1981)(public defender not state actor). … Plaintiff also fails to clearly identify each Defendant. For instance, Plaintiff does not provide Defendant Mary Miller’s job title or address.

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  • Rollins

    District Court, C.D. Illinois · Feb 3, 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. … Fenoglio, 792 F.3d 768, 781–82 (7th Cir. 2015) (“An inmate’s correspondence to a prison administrator may . . . establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge

    Cited 0 timesUnknown

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