Case law

Babbitt

District Court, C.D. Illinois · Jan 26, 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. … 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

Laugharn v. Scott

144 F. Supp. 2d 984 · District Court, C.D. Illinois · May 15, 2001

with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim — (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … Taylor, 529 U.S. 362, 409-16 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000)(0’Connor, J., concurring)(discussing what qualifies as an “unreasonable application” of law under § 2254(d)(1)).

United States v. Robinson

76 F. Supp. 2d 941 · District Court, C.D. Illinois · Dec 7, 1999

Specifically, Robinson and his counsel asked the Court to find that he does not qualify as a career criminal, that he should not receive a two level enhancement for possessing a firearm in relation to his drug dealing, that … Finally, the testimony at trial clearly established that Robinson distributed crack, not some less devastating species of cocaine.” Robinson, 164 F.3d at 1071 n. 1.

Fountain v. Hamilton

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. §1915A … Plaintiff should clearly state his Defendants in the list of Defendants portion of his complaint.

Morgan v. Nurse

District Court, C.D. Illinois · Oct 7, 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 … Nov. 30, 1994) (plaintiff cannot establish personal involvement and subject a prison official to liability under § 1983, merely by sending the official various letters or grievances).

Lofton v. Trusewych

District Court, C.D. Illinois · Apr 14, 2022

In addition, Plaintiff is clearly able to testify personally to the pain he experienced, his attempts to obtain help, and the responses he received, which can be used to show evidence of deliberate indifference. … Sullivan, 105 F.3d 354, 358 (7th Cir. 1997)(expert testimony not necessarily required to establish deliberate indifference).

Nache v. BNSF Railway Company

District Court, C.D. Illinois · Mar 5, 2024

Count I: ADA Disability Discrimination “To establish an ADA discrimination claim, [a plaintiff] must show that he: (1) was disabled within the meaning of the ADA; (2) was qualified to perform the … Nache plausibly alleges that he is a qualified individual. c.

Koontz v. Deal

District Court, C.D. Illinois · May 21, 2024

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.” § 1915A. … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 14.

Eads v. Harding

District Court, C.D. Illinois · Mar 27, 2024

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.” § 1915A. … To establish a Fourteenth Amendment violation, a detainee must show: “(1) there was an objectively serious medical need; (2) the defendant committed a volitional act concerning the [plaintiff’s] medical need; (3) that act

Marshall v. Illinois Education Ass'n

511 F. Supp. 144 · District Court, C.D. Illinois · Jan 7, 1981

For the purpose of Ethnic/Minority representation, the state shall be divided into four geographical sections established by the Board of Directors. … Clearly, candidacy qualifications which unduly restrict the ranks of those who might run in opposition to incumbents are not reasonable qualifications within the meaning of the Act.

Walker v. Flannery

District Court, C.D. Illinois · Jul 2, 2021

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. … Marshals Service on Defendant and 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 protective

Schaefer v. Woods

District Court, C.D. Illinois · Nov 16, 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 … In addition, the mere fact that a defendant was a supervisor is insufficient to establish liability because the doctrine of respondeat superior (supervisor liability) does not apply to actions filed under 42 USC §1983

Sharp v. Greene

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

Rule 59(e) requires that the movant clearly establish one of the aforementioned grounds for relief. Harrington v. … 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.”

Ross v. Greene

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 … “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips

Berry v. Bustos

District Court, C.D. Illinois · Dec 8, 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 … While a lack of exercises can rise to the level of a constitutional violation, Plaintiff has not provided enough factual support to clearly articulate a claim. See French v.

United States Equal Employment Opportunity Commission v. Bridgestone/Firestone, Inc.

95 F. Supp. 2d 913 · District Court, C.D. Illinois · May 17, 2000

At that time, the warehouse job was the only job in the plant for which Frazier was qualified that allowed him to work Mondays through Fridays. … Accordingly, the EEOC argues, the union clearly would not have pursued an grievance if Firestone had allowed Frazier and Waddell their proposed accommodation in the first place.

Talley v. Hart

District Court, C.D. Illinois · Jan 7, 2021

Plaintiff has also failed to clearly state a claim against the remaining, non- medical Defendants. … Sullivan, 105 F.3d 354, 358 (7th Cir. 1997)(expert testimony not necessarily required to establish deliberate indifference).

Gaddy v. Wexford Health Sources Inc

District Court, C.D. Illinois · Apr 26, 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. … Even if Plaintiff filed grievances, a denial of a grievance is not sufficient to establish liability.

Martinez

District Court, C.D. Illinois · Jun 17, 2026

time if: 1) the allegation of poverty is untrue; 2) the action is frivolous or malicious; 3) the action fails to state a claim on which relief may be granted; or 4) the action seeks monetary relief against an immune … Ill. 2010) (providing that in order to establish a prima facie case of First Amendment retaliation under Section 1983, a plaintiff must show his speech was constitutionally protected, he suffered a deprivation

Hawkins v. Duprey

District Court, C.D. Illinois · Nov 19, 2020

Danville is an agency of the State of Illinois and enjoys the State’s Eleventh Amendment sovereign immunity against federal court claims for money damages. Sittig v. Illinois Dept. of Corr., 617 F. … DEADLINE 60 DAYS FROM THE ENTRY OF THIS ORDER FOR THE COURT TO CHECK ON THE STATUS OF SERVICE AND ENTER SCHEDULING DEADLINES, AND, 3) ENTER THE STANDARD QUALIFIED