Case law

Orr v. Trusewych

District Court, C.D. Illinois · Sep 23, 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. §1915A … Plaintiff has clearly alleged Defendant Dr.

Hunt v. Cox

District Court, C.D. Illinois · Sep 22, 2022

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 … However, Plaintiff has not clearly articulated an equal protection violation.

McBride v. McLean County

District Court, C.D. Illinois · Oct 12, 2021

The Seventh Circuit has held that an employer who fired an employee after she exposed corrupt practices was not immune from retaliatory discharge under the Tort Immunity Act, because the employer failed to establish that … Here, Defendant Barnes has failed to establish that she made a policy decision that resulted in a discretionary determination to eliminate Plaintiff’s position.

Washington v. Law

District Court, C.D. Illinois · May 29, 2020

Nonetheless, Plaintiff’s claims clearly center on his arrest for Driving Under the Influence (DUI) on March 10, 2018. … This case is clearly related to the arrest described in Plaintiff’s complaint.

Mason v. Baker

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. … Long, 482 F.3d 923, 924 (7th Cir. 2007) (It is “clearly established” that confining inmates to feces-covered cells without running water violates the Eighth Amendment (collecting cases)).

Cherry v. Hopp

District Court, C.D. Illinois · Apr 22, 2022

Finally, Plaintiff has not clearly stated a claim against the American Dental Society based on what appears to be general recommendations concerning providing care during COVID-19. … Sullivan, 105 F.3d 354, 358 (7th Cir. 1997)(expert testimony not necessarily required to establish deliberate indifference).

Crue v. Aiken

137 F. Supp. 2d 1076 · District Court, C.D. Illinois · Apr 6, 2001

The Court questions whether the plain language of the NCAA Bylaws as written even apply in this case, as it has not been sufficiently established that the putative faculty class qualifies as “representatives” of the University … One could also argue that the process does not in practice provide enough discretion, since the record clearly reflects the belief of Chancellor Aiken and Mr.

McGuire v. CITY OF SPRINGFIELD, ILL.

133 F. Supp. 2d 1095 · District Court, C.D. Illinois · Mar 13, 2001

The law clearly fixes the date of a plaintiffs discrimination complaint as the relevant moment for this type of inquiry. See Id. … At best, it demonstrates the supervisor’s bad judgment since he allowed a trainee to undertake duties she may not have been qualified to perform.

McIntosh

District Court, C.D. Illinois · Mar 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 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

JOSHUA LEE MATTHEWS v. MINDY NURSE et al.

District Court, C.D. Illinois · May 12, 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. … Despite naming Defendants Biros, Bowden, Brady, Brown, Colwell, Graham, Hughes, Kuhl, Madole, Michael, Nurse, and Shelton, Plaintiff provides no facts that establish or permit the inference that these individuals violated

Harbison

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

Sharkey argues the authority relied upon by JBS and Swift conflict with the Colorado Act's “true purpose,” which is to provide blanket immunity from all liability outside that imposed by the Act itself. … The court held the provision did not apply to the negligence and gross negligence claims as it did not clearly indicate the parties intended that all claims arising from the construction project would be subject to California

Bland

District Court, C.D. Illinois · Dec 22, 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. … Defendant to pay the total costs of formal service under Federal Rule of Civil Procedure 4(d)(2). 10) The Court directs the Clerk to enter the standard qualified

United States v. Hogan

906 F. Supp. 455 · District Court, C.D. Illinois · Nov 15, 1995

The Court finds that the areas in front of the 6 o’clock and 9 o’clock blind holes were littered with cut millet with seed heads which contained hard — mature — seeds. 9 Such a situation clearly serves as an attraetant or … However, the law enforcement officials’ testimony established that they were careful to select only seed heads from the cut millet surrounding the blind holes.

Hanks v. Ashcraft

District Court, C.D. Illinois · Jul 21, 2025

A claim is defective 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. … Plaintiff continues by citing a response provided to a grievance he filed, which he surmises “clearly states Wexford … is basically responsible for the delays by not supplying a medical director.” (Id. at 14:25.)

Swanigan v. Ek

District Court, C.D. Illinois · Dec 11, 2019

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 … pursuant to the standard procedures; 3) Set an internal court deadline 60 days from the entry of this order for the Court to check on the status of service and enter scheduling deadlines; and 4) Enter the Court's standard qualified

Jennings v. Clarkson

District Court, C.D. Illinois · Jun 20, 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. … 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.

Steinman v. Hicks

252 F. Supp. 2d 746 · District Court, C.D. Illinois · Mar 24, 2003

According to the terms of the MMC Plan, profit sharing contributions were made by MMC to the accounts of qualified employees based primarily on the employees’ years of service. … On March 25, 1999, the IRS issued a determination letter which concluded that the MMC Plan was tax-qualified.

Frazier v. Sandage

District Court, C.D. Illinois · Jun 22, 2022

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. … To establish an “actual injury,” an inmate must show Defendants hindered his efforts to pursue a nonfrivolous claim. See Tarpley v. Allen County, 312 F.3d 895, 899 (7th Cir. 2002).

Daniels

District Court, C.D. Illinois · Sep 15, 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. … ANALYSIS It is well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v.

United States v. Sherwin-Williams Co.

165 F. Supp. 2d 797 · District Court, C.D. Illinois · Jan 19, 2001

To invoke collateral estoppel, Defendants must establish the following four elements: (1) the issue sought to be precluded must be the same as that involved in the prior action; (2) the issue must have been actually litigated … Sherwin-Williams and Specialty filed objections to entry of the 1994 Consent Decree (Cross I, #372, #373) because it would activate CERCLA’s contribution protection ( 42 U.S.C. § 9613 (f)(2)), thus immunizing the settling