Case law

Harper v. Hart

District Court, S.D. Illinois · May 2, 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 … To seek a preliminary injunction, a plaintiff must establish: a likelihood of success on the merits of his claim; no adequate remedy at law; and irreparable harm without the injunctive relief. See Mays v.

Hablutzel v. Fayette County IL

District Court, S.D. Illinois · Dec 14, 2023

requires the Court to screen prisoner complaints and dismiss portions that are legally frivolous or malicious, fail to state a claim upon which relief may be granted, or ask for money damages from a defendant who by law is immune … If Plaintiff does choose to appeal, he must clearly state the issues he intends to appeal in the notice of appeal. He will be liable for the $605.00 appellate filing fee irrespective of the outcome of the appeal.

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.

Raymond v. City of N.Y.

317 F. Supp. 3d 746 · District Court, S.D. Illinois · Jun 27, 2018

Gonzalez was clearly on notice of ongoing performance-related issues before he filed his first complaints in February 2014. … Plaintiff Polanco's testimony in the Floyd case in March 2013 was clearly protected speech.

Robertson v. Walker

District Court, S.D. Illinois · Sep 9, 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.

Moyer v. Jackson County Public Defenders Office

District Court, S.D. Illinois · Mar 31, 2025

Moyer was allegedly qualified and applied, but younger, less experienced employees were selected over him due to his age. … Clearly, Defendant has no control over who is selected as the Chief Public Defender.

Gillespie v. St. Regis Residence Club

343 F. Supp. 3d 332 · District Court, S.D. Illinois · Sep 28, 2018

For example, the Plan states clearly that the "Sponsor may have a large inventory of Unsold Club Interests." Plan, Special Risk Factors, at 3 § 1(a). … The Plan clearly anticipates that the Sponsor will rent Club Interests.

Suane v. Meyers

District Court, S.D. Illinois · Jul 26, 2023

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 such relief must be dismissed. 28 U.S.C. § 1915A(b). … Count 4 To establish claim under the Americans with Disabilities Act (“ADA”), “the plaintiff must prove that he is a ‘qualified individual with a disability,’ that he was denied

Wisham v. United States

District Court, S.D. Illinois · Jun 26, 2024

To prove prejudice, the defendant must establish that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” … To qualify for safety-valve eligibility, Wisham must prove by a preponderance of the evidence that he did not possess the firearm in connection with the offense. Id.

Torres v. Brookman

District Court, S.D. Illinois · Sep 15, 2022

The moving party has the burden of establishing that no material facts are genuinely disputed. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Cincinnati Life Ins. Co. v. … In light of this conclusion, it is not necessary for the Court to address the parties’ arguments on qualified immunity.

Baker v. Johnson & Johnson

709 F. Supp. 2d 677 · District Court, S.D. Illinois · May 26, 2010

For the federal issue will ultimately qualify for a federal forum only if federal jurisdiction is consistent with congressional judgment about the sound division of labor between state and federal courts governing the application … Defendants in this case, as the proponents of federal subject matter jurisdiction, have the burden of establishing such jurisdiction. See Lyerla v. Amco Ins.

Grizzell v. Williamson County Jail

District Court, S.D. Illinois · Jul 12, 2022

Any portion of the First Amended Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). … Federal Rule of Civil Procedure 17(b) requires that the defendant in a federal lawsuit be an established entity.

In re General Motors Corporation Dex-Cool Products Liability Litigation

241 F.R.D. 305 · District Court, S.D. Illinois · Feb 16, 2007

A class must be adequately defined and clearly ascertainable before a class action may proceed. See Harris v. General Dev. Corp., 127 F.R.D. 655, 658 (N.D.Ill.1989). … In this instance GMC's challenge to standing clearly implicates Article III standing, not prudential standing. .

Isbell v. City of N.Y.

316 F. Supp. 3d 571 · District Court, S.D. Illinois · May 25, 2018

Under New York law, which must be applied in this proceeding, "collateral estoppel precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided … sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal

Black v. Tripp

District Court, S.D. Illinois · Oct 13, 2020

A TRO may be issued only if “specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in … IT IS ORDERED that the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Black v. Lindsey

District Court, S.D. Illinois · Oct 13, 2020

A TRO may be issued only if “specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in … IT IS ORDERED that the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Harrison v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Nov 22, 2021

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 … Deferring to state department policy during a public health crisis and referring Harrison to healthcare for further issues with his asthma do not equate to the criminal recklessness necessary for establishing an Eighth

Scott

District Court, S.D. Illinois · Jan 28, 2026

Based on the Motion for Leave to Supplement (Doc. 12), he clearly wishes to replace the original complaint with the updated pleading (Doc. 12-1). … As such, the allegations against John Doe 1 are insufficient to plausibly establish his personal responsibility for the harms Plaintiff alleges.

Al Hirschfeld Found. v. Margo Feiden Galleries Ltd.

296 F. Supp. 3d 627 · District Court, S.D. Illinois · Nov 1, 2017

And the only provision to which the Galleries point as purported authorization to sell giclee works of Hirschfeld's, Agreement 6(h)(i), clearly does not authorize the Galleries to reproduce giclees for sale. … First, a licensee is not inherently immune from liability for copyright infringement.

Maxfield v. United States

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

Maxfield argues that his 2006 conviction for residential burglary in Illinois no longer qualifies as a crime of violence under United States v. Glispie, 978 F.3d 502 (7th Cir. 2020), and Mathis v. … Co., 698 F.3d 587, 598 (7th Cir. 2012) (“To prevail on a Rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence