Case law

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  • Cohee v. Hoos

    District Court, C.D. Illinois · Oct 6, 2023

    As the Complaint contains “all the facts necessary to establish Defendant’s affirmative defense of absolutely [sic] immunity,” Defendant urges the Court to dismiss the case. Id. … Providing Plaintiff with an opportunity to amend his Complaint, when he clearly evinced an intent not to prosecute his case, would be futile.

    Cited 0 timesUnknown
  • Jackson v. Osmundson

    District Court, C.D. Illinois · Mar 10, 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. … II It is well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v.

    Cited 0 timesUnknown
  • Ashford v. Pennock

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

    HHS is, of course, immune from suit as it is a department of the State of Illinois and enjoys the State’s sovereign immunity. See Hargett v. Baker, No. 02-1456, 2002 WL 1732911, at *2 (N.D. Ill. … July 26, 2002) (dismissing § 1983 claim against the Illinois 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

    Cited 0 timesUnknown
  • Anderson v. Pennock

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

    HHS is, of course, immune from suit as it is a department of the State of Illinois and enjoys the State’s sovereign immunity. See Hargett v. Baker, No. 02-1456, 2002 WL 1732911, at *2 (N.D. Ill. … July 26, 2002) (dismissing § 1983 claim against the Illinois 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

    Cited 0 timesUnknown
  • Cohee v. Hoos

    District Court, C.D. Illinois · Oct 5, 2023

    As the Complaint contains “all the facts necessary to establish Defendant’s affirmative defense of absolutely [sic] immunity,” Defendant urges the Court to dismiss the case. Id. … Providing Plaintiff with an opportunity to amend his Complaint, when he clearly evinced an intent not to prosecute his case, would be futile.

    Cited 0 timesUnknown
  • Cerritos v. Robeen

    District Court, C.D. Illinois · Jun 14, 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.” Id. … Fenoglio, 792 F.3d 768, 781–82 (7th Cir. 2015) (“An inmate’s correspondence to a prison administrator may . . . establish a basis for personal liability under § 1983 where that correspondence provides sufficient knowledge

    Cited 0 timesUnknown
  • Gibson

    District Court, C.D. Illinois · May 11, 2026

    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. … A plaintiff may establish deliberate indifference by showing that a defendant “knew of a substantial risk of harm to the inmate and disregarded the risk.” Greeno v. Daley, 414 F.3d 645, 653 (7th Cir. 2005).

    Cited 0 timesUnknown
  • Reagan v. First Unum Life Insurance

    39 F. Supp. 2d 1121 · District Court, C.D. Illinois · Mar 18, 1999

    UNUM argues that the medical evidence which its plan administrator had before it clearly shows that Reagan was not “disabled” as that term is defined under the insurance policy. … In fact, reasoned differences among qualified medical experts preclude such a finding. See *1128 Smith v. Office of Civilian Health and Med.

    Cited 3 timesPublished
  • Davey

    District Court, C.D. Illinois · May 5, 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 … 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.

    Cited 0 timesUnknown
  • Garcia v. Smith

    District Court, C.D. Illinois · Sep 5, 2023

    Plaintiff has not provided any medical records to establish the medical care he is currently receiving or to substantiate his claims. … Plaintiff’s pleadings are clearly written, and demonstrate a sound grasp of the facts of his experiences and of the claims he wishes to pursue.

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  • Mrdjenovich

    District Court, C.D. Illinois · Jun 9, 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. … The Court finds that Plaintiff’s allegations are insufficient to establish that Defendant Wilson was deliberately indifferent to treating Plaintiff.

    Cited 0 timesUnknown
  • Hall v. Eddy

    District Court, C.D. Illinois · Jul 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. … will require that 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

    Cited 0 timesUnknown
  • Jacksonville Area Ass'n for Retarded Citizens v. General Service Employees Union, Local 73

    888 F. Supp. 901 · District Court, C.D. Illinois · May 26, 1995

    That is clearly wrong. … Article VIII of the Agreement establishes the grievance procedures.

    Cited 2 timesPublished
  • Gaddy v. Wexford Health Sources Inc

    District Court, C.D. Illinois · Dec 4, 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 … First, Plaintiff has not clearly articulated a claim alleging any medical staff members were deliberately indifferent to his serious medical condition.

    Cited 0 timesUnknown
  • Aguirre

    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. … It is well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v. Snyder, 546 F.3d 516, 522 (7th Cir. 2008).

    Cited 0 timesUnknown
  • Davis v. Juergens

    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. § … The Court further notes although Plaintiff did not clearly state a claim based on slipping in a puddle of water, “prisoner slip-and-fall claims almost never serve as the predicate for constitutional violations as a matter

    Cited 0 timesUnknown
  • Britten

    District Court, C.D. Illinois · Mar 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.” 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

    Cited 0 timesUnknown
  • Brady

    District Court, C.D. Illinois · Dec 18, 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. … Under this standard, a pretrial detainee need only establish that the defendant’s conduct was objectively unreasonable, not that defendant was subjectively aware that it was unreasonable.

    Cited 0 timesUnknown
  • Reynolds v. Donathan

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

    At summary judgment, the record established that the marriage between Loupe 2 The complaint filed in 2023 initially named both Loupe and Reynolds as Plaintiffs. … Plaintiffs clearly alleged that one or both of them appeared before the Schuyler County Circuit Court to testify in the dissolution proceedings.

    Cited 0 timesUnknown
  • Rotec Industries, Inc. v. Mitsubishi Corp.

    36 F. Supp. 2d 810 · District Court, C.D. Illinois · Jan 12, 1999

    Tucker flew to Yichang, China, in October 1995 to attend a formal pre-qualifying bid conference. Tucker then began designing the conveyor components to be used in the systems in Oregon. … Plaintiff contends that 3D Systems supports its position because the bid proposal submitted by Defendants to the Chinese government was clearly an “offer to sell.”

    Cited 3 timesPublished

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