Case law

Health Care Industry Liability Insurance Program v. United States

548 F. Supp. 2d 632 · District Court, C.D. Illinois · Feb 22, 2008

Absher’s claims are clearly based upon Momence’s employment-related practices and are excluded from coverage under the terms of the policy. … The policy clearly and unambiguously defines a “medical incident” as “an act or omission in the furnishing of professional services by an insured.”

Campbell v. Swanson

District Court, C.D. Illinois · Mar 29, 2024

Dep’t of State Police, 491 U.S. 58, 71 (1989); and (2) Eleventh Amendment sovereign immunity bars suit against a State under § 1983. … immunity.

Calhoun v. Wexford Health Sources Inc

District Court, C.D. Illinois · May 16, 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. … “Not all dental pain qualifies as objectively serious under this standard.

Gilfillan v. Bradley University

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

Accordingly, to set forth a prima facie case of discrimination under either statute, a plaintiff must establish: (i) she suffers from a disability; (ii) she is otherwise qualified to participate in the defendant's program … A plaintiff asserting a violation of the ADA or Rehabilitation Act bears the burden in establishing she is qualified. Tyndall v. Nat'l Educ. Ctrs., Inc., 31 F.3d 209, 213 (4th Cir.1994).

Jones v. Littles

District Court, C.D. Illinois · Jun 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.” 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).

Njos

District Court, C.D. Illinois · Mar 24, 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). 14) The Court directs the Clerk to enter the standard qualified

DeCap v. Jeffreys

District Court, C.D. Illinois · Apr 12, 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. § … However, 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.

Wagner

District Court, C.D. Illinois · May 18, 2026

To make this showing, Plaintiff should attach to any future motion copies of letters sent to attorneys that clearly identify this lawsuit and the claims Plaintiff is pursuing in this 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.”

Cooley

District Court, C.D. Illinois · Sep 1, 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 Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 14) The Clerk is directed to set an internal

Pearson v. City of Peoria Illinois

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

Remaining Arguments: Indemnification (Count VI) 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.

Waddle v. Brennan

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

Waddle states that her mental health conditions “affect [her] ability to think clearly and to be able to concentrate on [her] work,” Waddle Aff. ¶ 3, which suggests that she is arguing that she is substantially limited … With regard to the first element, Waddle clearly engaged in protected activity when she filed her initial EEO complaint against the two QCP&DF supervisors.8 With regard to the second, Waddle appears to proffer two adverse

Wilson

District Court, C.D. Illinois · Mar 2, 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 Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 12) The Clerk is directed to set an internal court

Natural Resources Defense Council v. Illinois Power Resources, LLC

202 F. Supp. 3d 859 · District Court, C.D. Illinois · Aug 23, 2016

Reg. 61,834 -01 (praising the “clearly define[d] criteria” for the particulate matter defense). 4. … Code § 211.4130. .It is undisputed that these 2,949 excee-dances do not qualify for a regulatory exemption that the parties refer to as the "8-minute exemption.”

Alvarez v. Dykstra

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

Thomasson

District Court, C.D. Illinois · Feb 23, 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. … ANALYSIS It is well established that deliberate indifference to a serious medical need is actionable as a violation of the Eighth Amendment. Hayes v.

Ballance v. Illinois Department of Correction

District Court, C.D. Illinois · Jul 25, 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

Barber v. Reynolds State Bank (In re Jones)

161 B.R. 809 · District Court, C.D. Illinois · Dec 28, 1993

However, if qualified by the adjective “provisional” its tentative nature is intended, and if qualified by the adjective “final” its permanent nature is intended. … The terms of the agreement between the Debtor and the BANK in the present case have not been clearly established.

Mixon

District Court, C.D. Illinois · Mar 23, 2026

This is sufficient to establish probable cause. … Both Mixon and Spitzer raise several other arguments in their motions on Mixon’s § 1983 claims, most notably about causation and qualified immunity; however, the Court does not address those because the presence of probable

Churchill v. Waters

731 F. Supp. 311 · District Court, C.D. Illinois · Feb 16, 1990

In recognition of these human values, we have established the following Human Resources objectives: 9. … Thus, the individual Defendants’ Motion for Summary Judgment on the due process claim (Count II) is granted either because the Plaintiff has not established and cannot establish that an employment contract was created by

Askew v. Bainter

District Court, C.D. Illinois · May 30, 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.” § 1915A. … Nov. 30,1994) (holding that a plaintiff could not establish personal involvement, and subject a prison official to liability under § 1983, merely by sending the official various letters or grievances complaining about