Case law

Taylor v. City of Milford

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

Plaintiff filed a Notice of Appeal (Doc. 47), challenging only Judge Bruce’s finding that Defendant Garrett was entitled to qualified immunity. (Doc. 56 at 7). … In support of his second opinion, Waller writes, “Officer Garrett clearly utilized unnecessary force by continuing to maintain Steven in a position in which it was obvious he was having difficulty in breathing.”

White v. Deere & Company

District Court, C.D. Illinois · Aug 23, 2023

the battery driven audio and visual systems in the equipment as well as IEC62619 which could be chosen to qualify the battery system.” … Dismiss 4, ECF No. 7 (addressing what is required for Plaintiff to “[t]o establish a claim for retaliatory discharge under Illinois common law”); Resp. Mot.

Lewis v. Awada

District Court, C.D. Illinois · Jun 11, 2021

More important, whether or not Plaintiff agrees with the procedure, the Illinois Department of Corrections (IDOC) has an established grievance process. See 20 Ill. Admin. Code §§ 504.800 et seq. … Plaintiff must also clearly number his pages and must not include exhibits.

Fidlar Technologies v. LPS Real Estate Data Solutions, Inc.

82 F. Supp. 3d 844 · District Court, C.D. Illinois · Mar 5, 2015

Once the movant discharges her burden, the burden shifts to the nonmovant to “make a showing sufficient to establish the existence of an element essential to that party’s case.” … Fidlar must now point to material facts to “make a showing sufficient to establish the existence” of that element. Celotex, 477 U.S. at 322 , 106 S.Ct. 2548 .

Stuller, Inc. v. Steak N Shake Enterprises, Inc.

877 F. Supp. 2d 674 · District Court, C.D. Illinois · Jul 12, 2012

This shows that SNS knew how to indicate that a statement in the UFOC was a qualified statement. The UFOCs did not provide that franchisees were currently free to set their own prices. … The Memorandum of Agreement contained two provisions that clearly modified provisions in the franchise agreement.

Arbogast v. Parker Fabrication Inc

District Court, C.D. Illinois · Dec 19, 2023

As previously noted, Plaintiff cannot sustain an ADA/ADAAA claim without first establishing he is disabled. … Here, Plaintiff clearly filed his complaint after the deadline, a fact which “may be resolved definitively on the face of the complaint.” Barry, 377 F.3d at 688.

Garza v. Wexford Health Sources Inc.

District Court, C.D. Illinois · Jun 1, 2020

Plaintiff’s complaint clearly and coherently explained his claims and the involvement of each named Defendant. (Comp., [1]. Plaintiff also attached numerous, relevant medical records and grievances. … Sullivan, 105 F.3d 354, 358 (7th Cir. 1997)(expert testimony not necessarily required to establish deliberate indifference).

Hillman v. The Toro Company

District Court, C.D. Illinois · Sep 22, 2023

Counsel offered to submit “an affidavit from [Defendant] . . . that establishes the privilege and the reasons behind it and the context.” Id. at 5:3–6. … The district judge assigned to the case must review timely objections and “modify or set aside any part of the order that is clearly erroneous or is contrary to law.” Id.

Mechanical Rubber & Supply Co. v. American Saw & Manufacturing Co.

810 F. Supp. 986 · District Court, C.D. Illinois · Nov 14, 1990

Section 3 of the Act defines the criteria necessary to establish a franchise. … American Saw notes that one court stated: “An indefinite statement will not qualify to support an action for fraud.” Marriage of Bower, 87 Ill.App.3d 324 , 42 Ill.Dec. 580, 583 , 409 N.E.2d 75, 77 (1st Dist.1980).

Burke v. Heuerman

District Court, C.D. Illinois · Jun 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. … The Fourteenth Amendment standard does not require a pretrial detainee to prove the defendant’s subjective awareness of the risk of harm to establish liability.

Price v. Carri Scharf Trucking, Inc.

District Court, C.D. Illinois · Nov 10, 2020

To be an intended third-party beneficiary, a plaintiff “must clearly show that such benefit was not purely incidental but that the contract was made for [his or her] direct benefit.” White Hen Pantry, Inc. v. … Accordingly, since Plaintiffs cannot establish the existence of a contract, the Court grants Defendants’ Motion to Dismiss Count V. III.

Wright v. Beyers

District Court, C.D. Illinois · Nov 8, 2019

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. § … Plaintiff’s allegation does not state a plausible claim because processing Plaintiff’s grievance absent Defendants' involvement in the claimed constitutional deprivation is insufficient to establish a constitutional violation

Dooley v. Adams County Ambulance and Medical Services

District Court, C.D. Illinois · Feb 9, 2022

The Dooleys do not dispute Simon is entitled to qualified immunity on that issue. … Nicholas claims in a conclusory fashion that there is no basis for the Defendant’s justification and it has submitted nothing to establish that he engaged in wrongdoing.

Gay v. McDannald

District Court, C.D. Illinois · May 22, 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. … More generally, upon review of Plaintiff’s filings to date, the Court finds Plaintiff to have clearly articulated relevant facts and cited relevant caselaw.

Brooks v. City of Pekin

District Court, C.D. Illinois · Aug 9, 2019

Rose Packing Co., 637 F.3d 744, 748 (7th Cir. 2011) (“If [the plaintiff] cannot establish that she is a qualified individual with a disability, then her claim automatically fails, as she bears the burden of showing that … These policies do not establish contractual rights for employment or any employment benefit.

Rose v. Ashcraft

District Court, C.D. Illinois · Dec 11, 2024

“[T]he state of mind necessary to establish liability is deliberate indifference to the inmate’s health or safety.” Giles v. … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 15.

Sinclair v. McLean County Board

District Court, C.D. Illinois · Jul 22, 2020

The next friend bears the burden “clearly to establish the propriety of his [or her] status and thereby justify the jurisdiction of the court.” Whitmore, 495 U.S. at 164. … The plaintiff suing as a next friend must “clearly meet the burden.” Whitmore, 495 U.S. at 164 (emphasis added).

Cabrera v. Commissioner of Social Security

District Court, C.D. Illinois · Mar 2, 2021

The Seventh Circuit has not affirmatively established the threshold for the number of jobs in the national economy that qualifies as significant. Cf. … Dec. 19, 2019) (finding that “positions account[ing] for 40,000 jobs nationally” qualified as a significant number).

Beauprez v. Berryhill

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

The Court disagrees—Bryan clearly argues that the ALJ should have found that he could not stand or walk six hours in an eight-hour day because of his significant back pain. See, e.g., Mem. Supp. Mot. Summ. J. 13. … First, the Commissioner argues that Bryan has not established that his cane is medically required in all circumstances.

Wood v. Ek

District Court, C.D. Illinois · Apr 6, 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. … Sullivan, 105 F.3d 354, 358 (7th Cir. 1997)(expert testimony not necessarily required to establish deliberate indifference).