Case law

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  • Sturgeon v. Wertz

    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 … Plaintiff must instead clearly state his claims in his complaint and should not attach exhibits.

    Cited 0 timesUnknown
  • 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.

    Cited 3 timesPublished
  • Hollingsworth v. Josie

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

    In addition, Plaintiff failed to provide enough detail to clearly articulate a constitutional violation. … 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.

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  • Gittings-Barrera v. Memorial Hospital Association

    District Court, C.D. Illinois · Sep 26, 2025

    To establish measurable damages, Gittings-Barrera must allege “actual monetary damages.” … The harm alleged by Gittings-Barrera does not qualify as “loss” under either construction. As a result, the Court need not decide whether interruption of service is required to qualify as a “loss.”

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  • Gruver v. Montesa

    District Court, C.D. Illinois · May 1, 2024

    The purpose of the regulations was to prevent motor carriers from immunizing themselves from liability by leasing trucks and characterizing drivers as independent contractors. … Thus, Plaintiffs cannot establish liability by way of the FMCSR. D.

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  • Snowden v. Adams

    814 F. Supp. 2d 854 · District Court, C.D. Illinois · Sep 1, 2011

    That this caused Plaintiff to be unqualified for the position was clearly the author’s opinion. … Such statements are not sufficiently stigmatizing to establish a liberty claim. See Pleva v.

    Cited 2 timesPublished
  • Allen v. Macoupin County Public Health Department

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

    To succeed on a claim that an employer violated the ADA, a qualified individual must establish that (1) she was disabled, (2) she was otherwise qualified to perform the essential functions of her … Such diagnoses clearly fit the definition of a “mental impairment.”

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  • Magee

    District Court, C.D. Illinois · Oct 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. … 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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  • Sturgeon v. Wertz

    District Court, C.D. Illinois · Mar 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. … Since the Court cannot clearly decipher Plaintiff’s remaining claims, the Court will not divide his other claims and Defendants into separate lawsuits.

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  • Vasquez

    District Court, C.D. Illinois · Jun 25, 2026

    immunity. … immunity.

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  • Conley v. Scott

    District Court, C.D. Illinois · Feb 5, 2020

    Plaintiff clearly claims, however, that the restraints are being used without penological justification. … established that the use of black box restraints on Rushville detainees does not violate the Constitution.

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  • Umberger v. Mitchell

    District Court, C.D. Illinois · Jan 21, 2022

    Remaining Arguments: Indemnification and Qualified Immunity Count VI is a state law indemnification claim against the City or Peoria. … Additionally, because summary judgment is appropriate on all claims, the Court need not address the Parties’ arguments regarding qualified immunity.

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  • McLemore v. Wagner

    District Court, C.D. Illinois · Aug 31, 2020

    For instance, Plaintiff was advised he must clearly state how each Defendant was involved in his claims. II. … 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. §

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  • Edwards-Hinton

    District Court, C.D. Illinois · Dec 23, 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 … and will require 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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  • Williams v. Goodwin

    District Court, C.D. Illinois · Oct 26, 2023

    However, a Monell claim “depend[s] on proof of an underlying constitutional violation,” which Plaintiff has not established. Coleman v. … The Court does not find this sufficient to establish that Plaintiff made a good faith effort to secure counsel on his own.

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  • United States v. One Parcel of Real Estate Located at Rural Route 9, La Harpe

    900 F. Supp. 1032 · District Court, C.D. Illinois · Sep 21, 1995

    Stated more clearly, Halper requires that in order to be considered punishment under the Double Jeopardy Clause, the penalty must not be solely remedial in nature. … In Halper , the Supreme Court established that, where a civil penalty is brought against a defendant after he has already been criminally prosecuted, and the penalty “appears to qualify as ‘punishment’ in the plain meaning

    Cited 5 timesPublished
  • Kilgore

    District Court, C.D. Illinois · Apr 22, 2026

    The Zoo does not dispute that Kilgore can establish both that she is a qualified individual with a disability and that the Zoo was aware of that disability. Zoo Mot. Summ. J. 19 n.4. … The McDonnell Douglas burden-shifting framework is one way in which a plaintiff may establish her claim. Id.

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  • McWright v. Pritzker

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

    That law establishes an updated parole system for persons who commit an offense prior to reaching age 21. The act is not retroactive. … Plaintiff has clearly articulated his claims and appears competent to present them. And because his claim is meritless appointment of counsel would be futile.

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  • Kelley v. Board of Trustees of the University of Illinois

    832 F. Supp. 237 · District Court, C.D. Illinois · Sep 1, 1993

    But, Title IX does not require that a school pour ever-increasing sums into its athletic establish *242 ment. … Although § 1681(b) clearly states that § 1681(a) does not require "preferential treatment” for the statistically underrepresented sex, the implementing regulations for Title IX, found at 35 CFR § 106.41 , interpret § 1681

    Cited 4 timesPublished
  • Dustin Nelson v. Tiona Farrington et al.

    District Court, C.D. Illinois · Jul 16, 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 identifying Defendant Hinds, Plaintiff does not provide any facts that establish or permit the inference that he deprived Plaintiff of a constitutional right. See Collins v.

    Cited 0 timesUnknown

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