Case law

Schmalshof v. McDonough County, Illinois

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

Because “[i]t is the defendant’s burden to establish the complaint’s insufficiency,” Gunn v. Cont’l Cas. … “[T]o qualify as outrageous, the nature of the defendant’s conduct must be so extreme as to go beyond all possible bounds of decency and be regarded as intolerable in a civilized community.” Feltmeier v.

Taliani v. Garza

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

Nash v. Dimas

District Court, C.D. Illinois · Oct 15, 2019

Bess are clearly sex offenders as evidenced by their detention at Rushville. If Mr. Bess had a prior history of sexual assault of his roommates, Plaintiff fails to allege it. … “To recover for damages under 42 U.S.C. § 1983, a plaintiff must establish defendant's personal responsibility for the claimed deprivation of a constitutional right.”

Wright v. Cowan

149 F. Supp. 2d 523 · District Court, C.D. Illinois · Jul 11, 2001

The pre-AEDPA scheme also permitted rebanee on other courts’ jurisprudence in addition to Supreme Court case law in determining whether a conviction was contrary to clearly established federal law. … But Wright presented evidence of a horrible childhood; surely that qualifies as mitigation.

Cesca v. Western Illinois University Board of Trustees

District Court, C.D. Illinois · Jan 15, 2024

“In the higher education context, a plaintiff alleging failure to accommodate . . . must establish that (1) she is a qualified individual with a disability; (2) the defendant was aware of her disability; and (3) the defendant … Feb. 2, 2005) (“[The plaintiff] is not otherwise qualified to attend the [school]. In fact, it is hard to imagine anyone being qualified to attend a private school who is unwilling to pay the tuition.”).

Scott v. Greene

District Court, C.D. Illinois · Sep 2, 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.” … The Clerk is directed to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act. 12.

Kainz

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

A class “must be defined clearly and [ ] membership [must] be defined by objective criteria rather than by, for example, a class member’s state of mind.” Mullins v. … The Individual Defendants argue there are no singular issues of fact or law that can address and resolve the unique issues here - the viability of their affirmative defenses of qualified immunity, lack of

Barron v. Lee Enterprises, Inc.

183 F. Supp. 2d 1077 · District Court, C.D. Illinois · Jan 28, 2002

Defendants argued that the key issue in the case is “clearly whether Plaintiffs were exempt from coverage under the FLSA.” … Hanna, were not qualified to render expert opinions in this case.

Illinois Conference v. Steve Gilbert Trucking

878 F. Supp. 140 · District Court, C.D. Illinois · Feb 27, 1995

This proposition, however, is qualified by the principle that he who signs a document reasonably believing it is something quite different than it is cannot be bound to the terms of the document.” (citations omitted). … Given these admissions, it is clearly unreasonable to expect Plaintiffs to anticipate that at the summary judgment stage Defendant would attempt to argue that no contract was ever formed between it and Plaintiffs.

Osmundson

District Court, C.D. Illinois · Dec 9, 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. … B It is also well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v.

Western Illinois Service Coordination v. Illinois Department of Human Services

District Court, C.D. Illinois · Jun 25, 2019

The Plaintiffs say that the Independent Service Coordination Plaintiffs are qualified and have performed these services for decades, which shows that the State has deemed them to be qualified. … Moreover, the process was flawed and did not provide adequate safeguards against arbitrary and clearly erroneous results.

Hartfield v. City of Urbana

District Court, C.D. Illinois · Jul 19, 2021

Defendant Demko was involved in a “stake out” of the establishment which was robbed during the early morning hours of July 26, 2016. (Comp., [1], p. 5). … The officers were able to describe the individual’s physical build and clothing, but they were unable to clearly see his face in the darkness. None of the officers recorded the events.

Anderson

District Court, C.D. Illinois · Oct 14, 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. … 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).

Meneses v. Stuck

District Court, C.D. Illinois · Nov 20, 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 failed to clearly articulate a violation of his First Amendment rights.

Sustaita v. Ford

District Court, C.D. Illinois · Mar 26, 2021

Nov. 30,1994) (a plaintiff cannot establish personal involvement and subject a prison official to liability under section 1983, merely by sending the official various letters or grievances complaining about the actions … In addition, the State of Illinois and IDOC enjoy Eleventh Amendment sovereign immunity from a suit for money damages. Wynn v. Southward, 251 F.3d 588, 591 (7th Cir. 2001); Kentucky v. Graham, 473 U.S. 159 (1985).

Hyde

District Court, C.D. Illinois · Nov 14, 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.

Campbell v. Swanson

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

For the same reasons, DCFS also remains dismissed because it is entitled to sovereign immunity and cannot be sued for damages under § 1983. Id. at 11–12. … Plaintiff asserts that the Court found that Defendants clearly violated her constitutional rights and committed a “multitude of crimes,” id. at 2, but that the Court only dismissed the Amended Complaint due to pleading

Buchanan

District Court, C.D. Illinois · Aug 17, 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 … “To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right.” Gentry v.

Wilson v. First American Title Co.

790 F. Supp. 2d 828 · District Court, C.D. Illinois · May 4, 2011

Wilson, on the other hand, says that there clearly existed a duty on the part of First American to provide him with accurate title information. … Furthermore, Woolhiser’s email did not qualify the results as only partial or that the email was simply First American’s attempt to determine if it had located the correct property.

Collins v. Associated Pathologists, Ltd.

676 F. Supp. 1388 · District Court, C.D. Illinois · Feb 11, 1987

Such language, argues the Plaintiff, is applicable to the instant case because the facts clearly establish that the members of APL exerted pressure upon St. … In light of the contractual language which clearly establishes that the award of bonuses is up to the board of directors of APL, the Court finds that Dr.