Case law

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.

Falcon v. U.S. Bureau of Prisons

852 F. Supp. 1413 · District Court, S.D. Illinois · May 10, 1994

As noted earlier, under Reed, 984 F.2d at 211 , the petitioner must establish that his custody at USP-Marion has prejudiced him. … It follows that the judiciary, through a writ of mandamus, cannot compel a federal official to perform any function unless the official is clearly directed by law to do so. Save the Dunes Council v.

Jordan v. Brookhart

District Court, S.D. Illinois · Dec 13, 2023

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 … Jordan explained to Brown that the cold diet trays, which are served separately from the meat entrée, would qualify as a vegetarian kosher diet and that he was willing to accept an extra cold diet tray in place of a kosher

Broadwater v. Heidtman Steel Products, Inc.

182 F. Supp. 2d 705 · District Court, S.D. Illinois · Jan 9, 2002

Clearly, allegations regarding conduct relating to the November 1, 1999 suspension, presented in Broadwater’s December 27, 2000 complaint in this Court, would be time-barred — unless they are saved by an equitable doctrine … Those events qualify as adverse job actions and satisfy the second element of the retaliation prima facie case. See Smart, 89 F.3d at 441 (“Adverse employment action has been defined quite broadly in this circuit....

Green v. Meeks

District Court, S.D. Illinois · Feb 1, 2023

As there is “no work product immunity for documents prepared in the ordinary course of business rather than for litigation purposes,” the Court cannot determine that the documents qualify for the privilege asserted. … As the documents do not qualify for the privileges asserted, the requests to compel these documents is granted.

Amburg-Wyhs v. Commissioner of Social Security

District Court, S.D. Illinois · Sep 23, 2024

Legal Standard To qualify for DIB, a claimant must be disabled within the meaning of the applicable statutes. … Plaintiff asserts the record clearly established that she has severe impairments of carpal tunnel syndrome bilaterally and right ulnar neuropathy.

Williams Jr v. Luking

District Court, S.D. Illinois · May 26, 2022

Thus, neither Roberts nor Robinson clearly establishes whether surviving a § 1915A screening forecloses a 12(b)(6) motion to dismiss. … Lastly, a plaintiff may demonstrate liability by establishing a widespread custom. Id.

American River Transportation Co. v. Phelps

189 F. Supp. 2d 835 · District Court, S.D. Illinois · Aug 2, 2001

Once an injured seaman establishes that negligence or unseaworthiness caused his injuries, the burden shifts to the vessel owner to establish lack of privity or knowledge of the dangerous condition that caused the injury. … Clearly, however, ARTCO had no role in the oil getting or staying there and had no knowledge of its presence. 35.

Sweet v. BJC Health System

District Court, S.D. Illinois · Jun 29, 2021

information in a data breach generally fails a establish such a substantial risk. … In Dieffenbach, the Seventh Circuit previously held that monthly payments for credit monitoring services did qualify as compensable injury under the ICFA. 887 F.3d at 828.

Thompkins

District Court, S.D. Illinois · Jul 22, 2026

App’x 390 (7th Cir. 2018) (a court may dismiss a complaint upon screening if it is clearly barred by the statute of limitations). … The rigorous causation standard for Monell claims demands that an inmate establish a direct causal link between the challenged municipal action and the violation of his rights.

Columbus Mckinnon Corp. v. Travelers Indem. Co.

367 F. Supp. 3d 123 · District Court, S.D. Illinois · Sep 28, 2018

insured's "self-insurance should be deemed co-insurance with [the insurer's] policy, such that the defense ... costs ... should be split 50/50"); see also id. at 401 , 749 N.Y.S.2d 402 (noting that "self-insurance does not qualify … Co. , 202 A.D.2d 816 , 817, 609 N.Y.S.2d 106 (3rd Dep't 1994) ("Clearly, ... the failure to cooperate vitiates the policy and entitles the insurer to disclaim any liability to defend.").

Perez v. Lawrence

District Court, S.D. Illinois · Jan 26, 2021

Any portion of the Complaint that is legally frivolous, 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). … (Doc. 1, p. 9). 1 The date of this encounter with Nurse Locke is unclear; Plaintiff states it was on March 22, 2019, but that is clearly an error. (Doc. 1, p. 8).

Peacock v. Wexford Health Source, Inc.

District Court, S.D. Illinois · Jan 3, 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 … Plaintiff has clearly attempted to retain his own counsel, but this is not the end of the inquiry.

Hoskins v. Chapman

District Court, S.D. Illinois · Jun 1, 2022

Any portion of a Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. … It is well established that, “unless there are exceptional circumstances, judicial rulings are grounds for appeal, not disqualification.” Id. at 355.

Bailey v. Williams

District Court, S.D. Illinois · Dec 4, 2020

Days later, on June 23, 2016, the United States Supreme Court decided Mathis, which clarified when and how the categorical approach should be applied to determine whether prior convictions qualifies to support sentencing … He clearly could have raised this argument in both of those proceedings.

Neal, Jr. v. United States

District Court, S.D. Illinois · Mar 15, 2023

The argument was neither obvious nor clearly stronger than the arguments Christiansen raised on appeal, especially considering it would have faced plain error review. … Ct. 1239 (2021), later established as insufficient to support that enhancement under the categorical approach.

Pitts v. Willis

District Court, S.D. Illinois · Dec 14, 2021

Any portion of a Complaint that is legally frivolous, 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). … Finally, 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.

Gutierrez v. Ski

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

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 … Because Gutierrez’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Gutierrez v. Barwick

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

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 … Because Gutierrez’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Perozzi v. Berryhill

287 F. Supp. 3d 471 · District Court, S.D. Illinois · Mar 5, 2018

An impairment that manifests only some of those criteria, no matter how severely, does not qualify." Sullivan v. … The reasons given also qualify as "good reasons" for the weight ultimately given Dr. Gaughan's opinions. Greek , 802 F.3d at 375 (citing Burgess , 537 F.3d at 129-30 ).