Case law

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

Haywood

District Court, C.D. Illinois · Sep 10, 2026

As such, the Marshals Service is immune from this suit. Turner v. Cnty. of Cook, No. 05 C 2890, 2005 WL 3299822, at *9 (N.D. Ill. Dec. 2, 2005) (citing cases). The U.S. … 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 court deadline 60 days from the

Wilson v. McReynolds

District Court, C.D. Illinois · Nov 30, 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 must also clearly state how each Defendant was directly involved in his claims and clarify his intended claim or claims.

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).

Cortez-Gomez v. Kolitwenzew

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

Simmons v. Village of Minier

District Court, C.D. Illinois · Sep 13, 2022

Construing it as a motion for leave to file a reply, the Court denies the motion because, as the Court cannot tell to what the motion pertains, it is clearly not helpful to the Court. … However, “[e]ven if a plaintiff does not establish good cause, the district court may in its discretion grant an extension of time for service.” Troxell v. Fedders of N.

Moore v. IDOC Staff

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

Second, Plaintiff has not clearly articulated a constitutional violation. … An inmate seeking damages for the use of excessive force need not establish serious bodily injury to make a claim, but not “every malevolent touch by a prison guard gives rise to a federal cause of action.”

Fuller v. DECATUR PUBLIC SCHOOL BD. OF EDUC.

78 F. Supp. 2d 812 · District Court, C.D. Illinois · Jan 11, 2000

Amprey was qualified as an expert in the field of education. However, this court reserved ruling as to whether Dr. … The evidence clearly supported Dr.

Hammond v. Kunard

889 F. Supp. 1084 · District Court, C.D. Illinois · Dec 22, 1994

Hammond bears the full burden of establishing that this Court can properly exercise subject-matter jurisdiction. Mr. … Hammond argues that this state law action qualifies as a claim pendent to the Bivens suit and thus requires this Court to exercise supplemental jurisdiction. Mr. Hammond misstates the law of Illinois.

Reuter v. Foley

District Court, C.D. Illinois · Apr 7, 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 … 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

Barlow-Johnson v. The Center for Youth and Family Solutions

District Court, C.D. Illinois · Sep 8, 2023

Count VI Is Dismissed Because Defendants Have Qualified Immunity and the Court Declines to Exercise Supplemental Jurisdiction. … Moreover, Defendants enjoy qualified immunity from civil suit.

Young v. Young

District Court, C.D. Illinois · May 5, 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 … Plaintiff has clearly articulated an Eighth Amendment violation based on deliberate indifference to his serious medical condition. However, Plaintiff has not identified the correct Defendants.

White v. E & F Distributing Co. Employee's Pension Plan

922 F. Supp. 132 · District Court, C.D. Illinois · Apr 17, 1996

The Plan clearly excludes commissioned salesmen from the class of employees eligible to participate. The Court must follow well established principles when reading the Plan documents. … The documents governing the Plan document clearly allow Defendants to exclude people who earn only a commission.

Crawford

District Court, C.D. Illinois · May 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 … 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

Jones v. Conklin

District Court, C.D. Illinois · Oct 14, 2020

ANALYSIS It is well established that deliberate indifference to the serious medical needs of prisoners violates the Eighth Amendment. … This is so, as state officials generally enjoy Eleventh Amendment sovereign immunity except as to claims for injunctive relief “designed to end a continuing violation of federal law …” Watkins v.

Gills v. West

District Court, C.D. Illinois · Nov 17, 2022

It was difficult to discern the basis of Plaintiff’s claims, but he was clearly trying to combine unrelated claims against different defendants in one lawsuit. … 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.

Dumont v. Doe

District Court, C.D. Illinois · Jul 9, 2021

Green, 446 U.S. 14, 18 (1980) (“Bivens established that the victims of a constitutional violation by a federal agent have a right to recover damages against the official in federal court despite the absence of any statute … However, “[a] complaint cannot be dismissed under § 1915A as factually frivolous unless it rests on allegations that are clearly baseless, irrational, fanciful, or delusional.” Echols v.

Jackson v. Illinois Department of Commerce & Economic Opportunity

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

They claim Jackson has not established damages. Moreover, the Defendants assert they are entitled to qualified immunity. … Additionally, neither Defendant is entitled to qualified immunity because it has been clear that an employee cannot be discriminated against on the basis of either race or gender.

United States v. Hijazi

845 F. Supp. 2d 874 · District Court, C.D. Illinois · Jul 18, 2011

Whether those allegations can be proven beyond a reasonable doubt is subject to speculation, but the allegations are clearly sufficient to allow Hijazi’s prosecution. … Fraud against the U.S. clearly has a “substantial effect” in the U.S., threatening the Government’s ability to function, as explained in Bowman.