Case law

Downes v. Illinois State University

District Court, C.D. Illinois · Mar 10, 2023

Defendant argues Plaintiff has failed to establish all three factors. ISU argues “the record does not clearly show that Plaintiff…complained to Trite about gender-based discrimination.” … Here, and Trite’s warning to Downes that her telling people another professor abused her may create a private legal right of action with him does not qualify as retaliation See Poulard v.

Mackiewicz

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

To qualify, a claimant must be sixty-five years of age, blind, or disabled. 20 C.F.R. § 416.202(a)(1)–(3). … Although the evidence “establishes some limitations,” the ALJ reasoned, Gregory is “still . . . capable of performing medium work on a sustained basis” with certain limitations.

Hammitt v. Commissioner of Social Security

District Court, C.D. Illinois · Nov 5, 2024

. §§ 404.1501; 416.901 (outlining statutory scope).3 To qualify for benefits under Title II and Title XVI applications, a claimant must be “disabled” under the Act. … However, the physical improvement of plaintiff is most clearly relayed with the benefit of objective medical evidence in the record; further, as to this medical condition and the related treatment plan, plaintiff failed

Winger v. Johnson

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

In March 1999, based on her psychiatrist’s advice, Schultz went to police and received immunity for her testimony. … Additionally, Winger is unable to establish prejudice.

Price v. Osmundson

District Court, C.D. Illinois · Jul 6, 2022

Jan. 15, 2013) (stating “the right of a prisoner or detainee to be free from sexual harassment” is clearly established, including the right “not to be groped for sexual reasons”). … The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. 14.

Keim v. Woodford County

District Court, C.D. Illinois · May 24, 2024

Section 1983 authorizes a claim against a person, acting under color of state law, who deprived the plaintiff of a right, privilege, or immunity under the 2 A wide variety of constitutional rights are enforced … The Seventh Circuit3 has outlined them as (1) the “symbiotic relationship 3 Recently, the Supreme Court described these tests, but did not refer to the symbiotic relationship test, writing “[a] private entity can qualify

Roberts v. Department of Children and Family Services (DCFS)

District Court, C.D. Illinois · Jan 29, 2025

provides a cause of action against those who “conspire . . . for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities … Blaize, 41 F.4th 910, 915 (7th Cir. 2022) (“Our law . . . is clear that some threats used to obtain compliance with a child welfare investigate violate clearly established constitutional rights.”).

Carter v. Greene

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

As Plaintiff was being punched and pummeled, Plaintiff saw Defendant Klingele “clearly laughing outside the window.” (Doc. 1 at p. 10). … Plaintiff’s allegations are insufficient to establish an IIED claim against Defendants Spears, Shoop, and Greene, as Plaintiff does not allege enough facts to establish that they knew there was a high probability that

Caputo v. Lutheran Social Services of Illinois

District Court, C.D. Illinois · Sep 29, 2023

A review of the Amended Complaint clearly shows that Plaintiff alleged that she “engaged in statutorily protected conduct in requesting two reasonable accommodations.” Doc. 2 at 10. … “To establish a retaliation claim, [Plaintiff] must demonstrate that she engaged in protected activity, that she suffered an adverse action, and that there is a causal connection between the two.’” Rowlands v.

Estate of Sarah R. Seybold v. Tazewell County

District Court, C.D. Illinois · Jan 6, 2022

Sheriff Lower contends he is absolutely immune from liability for these claim under Section 2-201 of the Illinois Tort Immunity Act. Id. at 3-5 (discussing Illinois caselaw for support). … Thus, it is unclear how Plaintiff claims the contractual relationship between HIG and the Jail was established.

Burton

District Court, C.D. Illinois · Dec 22, 2025

Schs., 668 F.3d 481, 496–97 (7th Cir. 2012) (vacating, because of the impracticability of identifying all qualifying plaintiffs, an order certifying a class including all students eligible for special education who were … It also nowhere clearly defines the class.

Bowersock v. Matherly

District Court, C.D. Illinois · Oct 17, 2023

state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. §1915(e)(2). … Aug. 16, 2023), of the Illinois Guardianship and Advocacy Commission report which clearly states that “CYFS is a private agency that contracts with [DCFS] for services.”

Shannon v. The Board of Trustees of the University of Illinois

District Court, C.D. Illinois · Jan 19, 2024

The Hall plaintiff had at least three years to establish himself as a professional basketball prospect. … As to Count VI, the Plaintiff has established that he has clearly ascertainable rights that need protection and there is some likelihood of success on the merits.

Serir v. Illinois Central College

District Court, C.D. Illinois · Aug 25, 2021

Respondent has failed to promote me into a full-time position for which I applied and am qualified. On or about December 7, 2017, I complained to Respondent. … First, Plaintiff attached as an exhibit to his Response, the e-mail from the female student dated September 26, 2017, making the formal complaint of gender-bias against the Plaintiff, clearly establishing that the complaint

Workman

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

Workman bought his tractor within the appropriate timeframe to qualify for the recall; however, when he tried to take advantage of the recall, he was placed on a waitlist. … “So defined, ‘merchantability’ clearly does not encompass consumer expectations that a product will hold its value. . . .” Carlson v. Gen.

United States v. Nietupski

731 F. Supp. 881 · District Court, C.D. Illinois · Feb 28, 1990

After being granted immunity, Vest appeared before the grand jury and perjured himself by claiming that he had not participated in Waters’ payment of money to Tarantino and had never received any money from Waters. … We hold that Defendant has failed to meet his burden of establishing by a preponderance of the evidence that the communications were recorded for an illegal or improper purpose.

Crespo v. Winpak Heat Seal Corporation

District Court, C.D. Illinois · Jan 29, 2025

Plaintiff insisted that “she would not follow such discriminatory hiring practices,” and claimed that the director “rejected qualified candidates solely on the basis of color or ethnicity.” (Doc. 1 at 28). … And while it is true that Plaintiff’s exhibit would be “central to [her] claim,” being central to a claim is nevertheless the second prong of the conjunctive test—and here, Plaintiff has failed to establish

Puffer v. Union Pacific Railroad Company

District Court, C.D. Illinois · Nov 20, 2020

The party offering the expert bears the burden of establishing the expert’s testimony satisfies the Daubert standard by a preponderance of the evidence. … Chiodo is qualified as he has earned, among 4 See O'Conner v.

DuraSystems Barriers Inc. v. Van-Packer Co. and Jeremias, Inc.

District Court, C.D. Illinois · Dec 23, 2025

First, a party’s later position must be clearly inconsistent with its earlier position. … The doctrine does not apply because their current position is not “clearly inconsistent” with a previous position.

Monroe v. Berryhill

District Court, C.D. Illinois · Mar 1, 2021

This case does not qualify for such extraordinary relief. As discussed below, the ALJ applied the appropriate standard in reviewing Dr. … Like the Magistrate Judge concluded, “the ALJ clearly considered the supportability and consistency of Dr. Smith’s opinions.