Case law

Zini v. City of Jerseyville

District Court, S.D. Illinois · Mar 30, 2024

The Controlled Substances Act (“CSA”) establishes five controlled substance schedules. See 21 U.S.C. § 812. … Zini argues that the delta-8 products he sells clearly come within the federal definition of hemp described above and is thus legal to sell.

Uhles v. Commissioner of Social Security

District Court, S.D. Illinois · Sep 15, 2025

Applicable Legal Standards To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes and regulations. … The regulations clearly state that a physician’s diagnosis or opinion (by itself) does not establish a medically determinable impairment. Thomas v.

Johnson v. Litherland

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

The first question before the Court is whether Johnson’s broken tooth qualified as a “serious” medical condition. … Clearly, then, he cannot argue that Dr. Litherland failed to treat him entirely—rather, Dr.

IDOC

District Court, S.D. Illinois · Jun 1, 2026

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 … Count 1 “To prevail on a First Amendment retaliation claim,” a plaintiff must establish “that (1) he engaged in activity protected by the First Amendment; (2) he suffered an adverse

Morrison v. JSK Transport, Ltd.

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

Failed to verify that the companies it assigned to haul loads are qualified to do so in a safe manner; b. … Failed to verify that the drivers assigned to haul loads are qualified to do so in a safe manner; c.

Smith v. Kuforiji

District Court, S.D. Illinois · Jun 1, 2021

IDOC does not provide any way to access the top bunks and the stool in the cell clearly states it is not to be used as a step. Plaintiff was assigned a top bunk on March 18, 2020 over his objections. … Moreover, he provides not information regarding the severity, frequency, duration, or recency of any chest pain or his attempts to obtain treatment necessary to establish imminent danger of serious physical injury.

Robbins v. Werlich

District Court, S.D. Illinois · Jul 2, 2020

The federal definition includes analogues that have “a stimulant, depressant, or hallucinogenic effect on the central nervous system” similar to Schedule I or II drugs – which is clearly broader than “narcotic drugs.” … §609.222 qualifies as a violent felony for ACCA purposes, even though the act of assault might not involve “violent physical force”).

Shanawaz v. Intellipharmaceutics Int'l Inc.

348 F. Supp. 3d 313 · District Court, S.D. Illinois · Dec 17, 2018

No. 30-4 at 279 ("So I think that the initial question, whether category 1 studies can assess the effects, I think is clearly answered with no."); Dkt. … Similarly, the same facts that were sufficient to establish that Defendants Odidi and Della Penna acted knowingly when disseminating false information about the contents Rexista NDA would also be sufficient to establish that

Houston v. Buettner

District Court, S.D. Illinois · Sep 30, 2025

Moreover, although a non-movant receives the benefit of conflicting evidence and reasonable inferences, he or she is still required to produce evidence sufficient to establish the essential elements of his or her claims … Additionally, Defendants Childs, Jones, and Schoenbeck contend that they are entitled to qualified immunity (Doc. 66 at pp. 8-9).

Kourani v. Sproul

District Court, S.D. Illinois · Apr 21, 2022

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). … WARDEN OF USP – MARION (official capacity only) as a defendant in CM/ECF in connection with Count 2; ADD the UNITED STATES as a defendant in CM/ECF in connection with Counts 3, 4, 5, and 6; and ENTER the standard qualified

Mindspirit, LLC v. Evalueserve Ltd.

346 F. Supp. 3d 552 · District Court, S.D. Illinois · Sep 30, 2018

Under New York law, ratification "must be performed with full knowledge of the material facts relating to the transaction, and the assent must be clearly established and may not be inferred from doubtful or equivocal acts … Here, Mindspirit's assent to the issuance of options to Gupta and Kumar is not "clearly established," because there is a genuine issue of material fact as to whether either of Mindspirit's members - Rosewood and Malvika Kumar

Gilbert v. Jeffreys

District Court, S.D. Illinois · Oct 25, 2023

Any portion that is legally frivolous or malicious, fails to state a claim, or seeks money damages from an immune defendant must be dismissed. Id. … To state a Fourteenth Amendment claim, Plaintiff must establish a deprivation of liberty or property without due process of law. U.S. CONST. amend XIV.

Rhodes v. Warden

District Court, S.D. Illinois · Nov 5, 2019

See prior Oklahoma felony convictions that qualified Rhodes for an enhanced mandatory minimum sentence pursuant to the ACCA: a 1984 conviction for shooting with intent to kill; and 1986 and 1990 convictions for burglary … He or she may not file a “second or successive” § 2255 motion unless a panel of the appropriate court of appeals certifies that such motion contains either 1) newly discovered evidence “sufficient to establish by clear

Willis v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Feb 18, 2020

Plaintiff’s claim fails because he has failed to establish any delay in treatment of his diabetes or eye conditions caused him any degree of harm. … Walls also argues Plaintiff cannot show he was harmed by any delay he attributes to Walls and that she is entitled to qualified immunity.

Washington County Water Company, Inc. v. City of Sparta

District Court, S.D. Illinois · Sep 28, 2022

In order to establish a violation of 7 U.S.C. § 1926, a plaintiff must show that: (1) it is a rural water association within the meaning of the statute; (2) it has a qualifying outstanding loan obligation; (3) it has provided … Therefore, WCWC argues, it clearly has the legal authority to serve Coulterville under Illinois law.

Thompson v. Engelage

District Court, S.D. Illinois · Aug 3, 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). … The nurse responded that Engelage was not doing her job properly, as Plaintiff’s prescriptions were expired, he was clearly in a lot of pain, and withdrawal from Tramadol could cause seizures, irregular heartbeat, or a

Rose

District Court, S.D. Illinois · Oct 22, 2025

In the motion, they argued that the case should be dismissed because they are immune from liability under sections 2-103 and 2-205 of the Local Governmental and Governmental Employees Tort Immunity Act. … The state court clearly has jurisdiction over the state law claims. It also has concurrent jurisdiction over the federal law claims. See Grubb v. Pub.

Pitts v. Bagwell

District Court, S.D. Illinois · Apr 20, 2022

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). … The claim cannot proceed without establishing both the objective and subjective components of this claim against each defendant. 1.

Medina v. Wexford Health Source Inc.

District Court, S.D. Illinois · Jul 1, 2024

Gibson, 355 U.S. 41, 47 (1957)) Because Plaintiff does not clearly associate any allegations with Jane Does 1 and 2, any claims against them are dismissed. … The Rehabilitation Act (RA) likewise prohibits discrimination against qualified individuals based on a physical or mental disability. See 29 U.S.C. §§ 794-94e.

Jenkins v. Reaves

District Court, S.D. Illinois · Aug 1, 2024

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. … Based on the allegations in the Complaint, the Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.