Case law

Morris v. United States

District Court, C.D. Illinois · Apr 30, 2019

And in this case, robbery has elements of violence in the definition in Illinois, so that clearly does qualify. There’s no objection to that.” (Tr. 21). … United States, 890 F.3d 656, 661 (7th Cir. 2018) (“To win § 2255 relief, [the petitioner] had to establish a Johnson error and that the error was harmful.”).

Hanks v. Ashcraft

District Court, C.D. Illinois · Aug 5, 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. … Reviewing grievances without personal involvement in the claimed deprivation is insufficient to establish a constitutional violation. See Owens v.

United States v. Tlw

925 F. Supp. 1398 · District Court, C.D. Illinois · May 8, 1996

Accompanying the Complaint is a certification by the United States Attorney for the Central District of Illinois, on behalf of the United States Attorney General, maintaining TLW committed a qualifying offense and asserting … Burden of Proof Because there is a presumption of juvenile treatment, the Government bears the burden of establishing transfer. A.R., 38 F.3d at 706 .

Waagner v. United States

District Court, C.D. Illinois · Sep 12, 2019

Waagner has established cause for failing to object at trial. … In Castendet-Lewis, the Fourth Circuit found that the language of the Virginia burglary statute clearly “provides a list of locations— each of which would qualify as an element of statutory burglary.”

Hendricks

District Court, C.D. Illinois · Jun 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 … Despite naming Defendant Bohm, Plaintiff does not provide any facts that establish or permit the inference that Bohm violated Plaintiff’s constitutional rights. See Collins v.

Grommet v. Aramark

District Court, C.D. Illinois · Feb 10, 2021

Ill. 2013) (defendants were entitled to qualified immunity as to claims regarding high soy diet “[a]s there is no case law finding that soy-rich diets violate the constitution, no defendant would be informed that providing … Plaintiff does not plead anything to support that Defendant Whitehead was aware of his diet issues so as to establish Defendant’s personal liability and he is DISMISSED.

Murphy v. Keystone Steel & Wire Co.

850 F. Supp. 1367 · District Court, C.D. Illinois · May 2, 1994

The loss of the surplus benefits is clearly a substantive harm, and claimants appear not even to have received notice. … This language clearly acknowledges that Keystone has an agreement with the Union respect to apprenticeship training.

Kruger v. Wexford Health Sources Inc

District Court, C.D. Illinois · Apr 4, 2025

Ill.), Wexford allegedly continued to fail to hire a qualified on-site optometrist at Pontiac. … The need for an eye examination alone is generally insufficient to establish a serious medical need. Franklin v. McCaughtry, 110 F. App’x 715, 721 (7th Cir. 2004).

Dean v. Illinois Department of Corrections

District Court, C.D. Illinois · Mar 18, 2022

immunity.2 On August 25, 2021, Plaintiff filed a Response (d/e 14) to Defendants’ Motion to Dismiss. … Id. 2 Because the Court dismisses Counts IV and V for failure to state a claim, the Court does not reach Defendants’ qualified immunity argument in this Opinion.

American Alliance for Equal Rights v. Pritzker

District Court, C.D. Illinois · Aug 5, 2025

Earth Island Institute, 555 U.S. 488 (2009), established a “naming requirement” that plaintiff-organizations must fulfill to establish associational standing and that American Alliance has not fulfilled such requirement … Although one might read language in that opinion to require that only persons identified by their legal names can have standing, that was clearly not the intent of the [Supreme] Court.”).2 The State has not established

DeHaven v. Woolson

District Court, C.D. Illinois · Feb 17, 2023

Plaintiff had failed to provide enough information to clearly articulate a violation of his constitutional rights and it was unclear if the Court had received all pages of Plaintiff’s complaint. … 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.

United States v. Elder

352 F. Supp. 2d 880 · District Court, C.D. Illinois · Jan 19, 2005

not in a position to determine whether a person is dead or alive and because someone who appears dead might revive with medical treatment, they assume that anyone reported dead might be alive unless the report comes from qualified … After carefully considering the Government’s argument, this court concludes that the doctrine clearly applies in this case.

Moy v. Osmundson

District Court, C.D. Illinois · Mar 28, 2023

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 is clearly alleging individuals were deliberately indifferent to his pain, but he has failed to provide exact dates and it is not clear he has identified the correct Defendants.

Washington v. Maskel

District Court, C.D. Illinois · Apr 18, 2023

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 … While Plaintiff claims the water is contaminated, he does not clearly explain how it was contaminated.

Wheeler v. Baker

District Court, C.D. Illinois · Mar 29, 2023

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 … While not clearly stated, it appears Plaintiff’s finger never healed correctly.

Askew

District Court, C.D. Illinois · Feb 18, 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). 12) The Court directs the Clerk to enter the standard qualified

Rosa v. Gordan

District Court, C.D. Illinois · Aug 4, 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. … Plaintiff does not assert a plausible claim against Defendant Wexford, as he does not allege any facts that establish or permit the inference that Wexford is liable under any of the three bases mentioned.

Crum Ex Rel. Estate of Crum v. Health Alliance-Midwest, Inc.

47 F. Supp. 2d 1013 · District Court, C.D. Illinois · May 6, 1999

CRUM’s condition, even though they were not trained, qualified nor licensed to practice medicine in the State of Illinois; and c. The advisory nurse or nurses failed to instruct GARY L. … This court notes that Defendant, the party seeking removal, has the burden of establishing the jurisdiction of the district court.

Clifton v. Does

District Court, C.D. Illinois · May 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. … In a claim related to inhumane conditions of confinement, a plaintiff must establish an objective and subjective component.

Mackel v. Department of Human Services

District Court, C.D. Illinois · Nov 13, 2023

Department of Human Services Plaintiff names the Department of Human Services as a Defendant, but it does not qualify as a “person” within the meaning of the Civil Rights … July 26, 2002) (dismissing § 1983 claim against the Department of Human Services due to the “well-established principle that states and state agencies enjoy immunity from suit in federal courts under the Eleventh Amendment