Case law

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  • Austin v. Wexford Health Sources Inc

    District Court, S.D. Illinois · Jan 21, 2025

    Under Section 1915A, any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

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  • Charleston v. Jones

    District Court, S.D. Illinois · Sep 8, 2022

    Plaintiff testified that he did not know if Oliver was qualified to provide him with medical treatment for his injury (Doc. 107-2, p. 72). … immunity argument.

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  • Cripps v. Schutt

    District Court, S.D. Illinois · Mar 20, 2025

    Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i). … In other words, this court cannot hear this action if it lacks subject matter jurisdiction, established through diversity citizenship of the parties under 28 U.S.C. § 1332 or pursuant to a federal question under 28 U.S.C

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  • Jones v. Miss Kitty's, Inc.

    District Court, S.D. Illinois · Jun 5, 2024

    In this case, common questions regarding Miss Kitty’s liability clearly predominate over any potential individual questions. … Or the class might use statistical sampling to establish class-wide damages (Id. at p. 19, n.9).

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  • Prindable v. Gadfrey

    District Court, S.D. Illinois · Oct 8, 2021

    If the prisoner establishes that his right to informed consent was violated, the court must next balance the prisoner’s right to informed consent against countervailing state interests. Id. … Because this suit addresses one or more medical claims, the Clerk of Court is also DIRECTED to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act.

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  • Burton v. Wexford Healthcare Sources

    District Court, S.D. Illinois · Apr 15, 2024

    Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief must be dismissed … As to Vineyard, this is an instance where Plaintiff named her but did not clearly describe her personal role. Here mere role as an administrator is not enough to proceed against her.

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  • Owens v. American Water Resources, LLC

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

    Further, even if she had presented such evidence, failure to investigate does not qualify as an adverse action in this case. … The record clearly reflects that AWR was actively working to merge its two call centers.

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  • Green v. Butler

    District Court, S.D. Illinois · Sep 23, 2019

    immunity (Doc. 160). … Thus, he did not establish an objectively serious medical condition.

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  • Hogsett v. Williams

    District Court, S.D. Illinois · May 17, 2022

    Notwithstanding the foregoing, this Court does not need to decide whether Hogsett can satisfy Step 2 under the Davenport test, because he clearly cannot establish his burden at Step 3 – a showing that his conviction or … Clearly, Hogsett cannot satisfy the elements of the savings clause, thus his petition under § 2241 is barred.

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  • Jones v. McShan

    District Court, S.D. Illinois · Nov 15, 2019

    Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief must be dismissed … TheRehabilitation Act (“RA”)likewiseprohibits discrimination against qualified individuals based on a physical ormental disability.See29 U.S.C. §§ 794-94e.

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  • Barnett v. Raoul

    District Court, S.D. Illinois · Sep 10, 2024

    They thus argue that “in January 1, 2024, if you try to register an unregistered firearm, under PICA, you are admitting to a crime, and not afforded any immunity for same. … Director Kelly argues that, because the registration requirement at issue here is “clearly directed at law-abiding persons as well as criminally suspect persons” and “is a voluntary benefit available to anyone who

    Cited 0 timesUnknown
  • Bakaturski v. Director

    District Court, S.D. Illinois · May 7, 2024

    Any portion of a complaint that is legally frivolous, malicious, meritless, or asks for money damages from a defendant who by law is immune from 1 Not all Defendants have been correctly listed on the docket. … Refusal to produce medical records does not violate a constitutionally established right, and Plaintiff does not specify a federal or state law under which he is pursuing civil liability against Wexford.

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  • Richmond v. Rutherford

    District Court, S.D. Illinois · Sep 19, 2022

    Defendants also assert qualified immunity as a defense (Id.). … Once the plaintiff establishes a prima facie case, “the burden shifts to the defendant to rebut the claim, that the activity would have occurred regardless of the protected activity.”

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  • Haynes v. Baldwin

    District Court, S.D. Illinois · Mar 12, 2024

    Further, Defendants maintain that they are entitled to qualified immunity. … Clearly, there is no evidence, and no reasonable fact finder could conclude that Plaintiff was A.

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  • Manley v. Conn

    District Court, S.D. Illinois · Dec 20, 2023

    He got a generic assurance three months later that staff was qualified and dedicated to his medical needs. … He does not clearly explain when Ellington retaliated, so Claim 5 against Ellington is immediately dismissed as insufficient.

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  • United States ex rel. Garbe v. Kmart Corp.

    73 F. Supp. 3d 1002 · District Court, S.D. Illinois · Jan 12, 2015

    The bids are used by CMS to establish a national benchmark per member/per month base amount that CMS will reimburse the Plan Sponsors (Id.).' … “Rule 702 of the Federal Rules of Evidence establishes two general requirements regarding expert testimony: (1) the expert must be qualified, and (2) the subject matter of the expert’s testimony must consist of specialized

    Cited 4 timesPublished
  • Sullivan v. Commissioner of Social Security

    District Court, S.D. Illinois · Sep 27, 2023

    Applicable Legal Standards To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes. … This objection clearly indicated that Plaintiff’s counsel believed the VE’s methodology was unreliable.

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  • Lockhart v. Adams

    District Court, S.D. Illinois · Mar 7, 2024

    Second, a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. See Payton v. … In both cases, the orders clearly prohibited video recording when the [victims] were on their own property4. (Doc. 107-5).

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  • Monroe v. Rauner

    District Court, S.D. Illinois · Nov 16, 2023

    In that Order, the Court thoroughly summarized the evidence presented at the hearing and noted that the parties agreed that gender dysphoria qualified as a serious medical condition. (Doc. 186). … To be considered competent and qualified, clinicians must meet the WPATH competency requirements. the case, even with the prior preliminary injunctive relief.

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  • Hopkins v. MacLellan Integrated Services, Inc.

    District Court, S.D. Illinois · Jun 17, 2021

    In order to state a claim for discrimination under the Americans with Disabilities Act (“ADA”), Hopkins must claim that: (1) he is disabled within the meaning of the ADA; (2) he is qualified … MacLellan was clearly on notice of the incident from the charge and the complaint, and the minimal changes in the amended complaint the timeline discrepancies will not result in any prejudice.

    Cited 0 timesUnknown

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