Case law

Estrada

District Court, S.D. Illinois · Nov 17, 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 … To establish deliberate indifference, he needs to demonstrate a serious risk of harm, and total disregard for that risk.

Ong v. Chipotle Mexican Grill, Inc.

294 F. Supp. 3d 199 · District Court, S.D. Illinois · Mar 22, 2018

Moreover, the Defendants clearly challenge the accuracy of the Donnelly Declaration, which provides a second reason why it may not be incorporated by reference. See DiFolco , 622 F.3d at 111 . … IN addition, Norovirus is able to survive a wide range of temperatures and has evolved to avoid the immune system, which results in outbreaks. Norovirus illness usually develops within one or two days after ingestion.

Wallace v. Baldwin

District Court, S.D. Illinois · Feb 18, 2021

Defendants concede for purposes of the Motion that Plaintiff is a qualified person with a disability. (Doc. 215, p. 13). … Here, Plaintiff is asking for a program that allows him to move from group settings to his cell as he may deem necessary, which clearly implicates security and staffing matters.

Parmeley v. Williamson County Jail

District Court, S.D. Illinois · Dec 2, 2019

Any portion of the Amended 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). … Incoming mail from an attorney that is clearly marked as legal or privileged mail must be opened only in the presence of the prisoner. See Wolff, 418 U.S. at 577; Rowe, 196 F.3d at 782.

Singleton v. Rains

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

2016, Singleton was transferred back to 1 Singleton contends that “[d]ue to the Dept. of Corrections and Cook County Jail’s effort to cut costs” he ended up with these diagnoses and without “a second opinion from a qualified … Second, the plaintiff must establish the individual prison officials were deliberately indifferent to that condition. Id.

Gilbert v. Hughes

District Court, S.D. Illinois · Jul 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 … ADA and/or RA Claim Gilbert also alleges that he suffers from depression and anxiety and qualifies for protection under both the ADA and RA. (Doc. 2, p. 13).

Croom

District Court, S.D. Illinois · Jan 9, 2026

LEGAL STANDARD “A preliminary injunction is an exercise of a very far-reaching power, never to be indulged in except in a case clearly demanding it.” Cassel v. … In sum, Croom has not made the “strong showing” necessary to establish a likelihood of success on the merits of his Eighth Amendment claim.

Eastman v. Santos

District Court, S.D. Illinois · May 14, 2020

Santos’ initial request), his efforts were clearly not sufficient to address Plaintiff’s ongoing complaints. … Plaintiff’s grievance did not clearly seek medical treatment or complain about the same.

DeLong v. Morgonthaler

District Court, S.D. Illinois · Feb 6, 2024

out non- meritorious claims and dismiss any portion of a complaint that is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks money damages from a defendant who by law is immune … Because Plaintiff’s claims involve allegations regarding his medical care, the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability

Crayton v. Wexford Health Sources Inc.

District Court, S.D. Illinois · May 16, 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 … his allegations of imminent danger, and it turns out his allegations are untrue, he may be required to pay the full filing fee or face dismissal, and he may incur sanctions for filing a case that does not ultimately qualify

Harper v. Jeffreys

District Court, S.D. Illinois · Jan 4, 2024

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 … Under Illinois law, to state a claim for battery, the “[p]laintiff must either establish that [the defendant] made physical contact or that [the defendant] somehow incited, aided, abetted, or acted in furtherance of a

Grissom v. Watson

District Court, S.D. Illinois · Feb 28, 2023

Clearly Dr. Anderson and Dr. … Watson also argues that Grissom cannot maintain this suit because he did not suffer any physical injury from those conditions, because Watson is entitled to qualified immunity, and because Watson was not responsible for

Marion HealthCare, LLC v. Southern Illinois Healthcare

District Court, S.D. Illinois · Mar 31, 2020

Plaintiff Marion Healthcare, LLC (“MHC”) filed timely objections (Docs. 1 The Court found that the Report and Recommendation contained certain information that qualified as confidential proprietary information or trade … The Court ADOPTS the Special Master’s findings of fact as they are not “clearly incorrect.”

Smadi v. True

District Court, S.D. Illinois · Mar 31, 2023

Federal regulations establish the criteria for placement of an inmate in the CMU. 28 C.F.R. § 540.201. … Based on Plaintiff’s explanation of his trust fund transactions and the certified trust fund account report for the period August 2020 through August 2021 (Doc. 77), the Court is satisfied that he qualifies

French

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

Though the hearings on the preliminary injunctive relief occurred 11 months ago and 9 months ago, the Court clearly recalls the difficulty at the hearings procuring the information necessary to rule on Plaintiff … 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

Glasper

District Court, S.D. Illinois · Jan 26, 2026

DISCUSSION Glasper contends that he is entitled to relief because (1) he did not qualify for the § 4B1.5 sentencing enhancement as he had no prior sex offense convictions, (2) his … 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

Peterson v. James

District Court, S.D. Illinois · Oct 6, 2022

To establish deliberate indifference, defendants “must meet ‘essentially a criminal recklessness standard, that is, ignoring a known risk.’” Armato, 766 F.3d at 721 (quoting McGee v. … Because the Court finds that Defendant Drannan is entitled to summary judgment on his deliberate indifference claim, the Court does not address his qualified immunity argument.

Walker v. Butler

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

App’x 390 (7th Cir. 2018) (a court may dismiss a complaint upon screening if it is clearly barred by the statute of limitations). … However, Plaintiff has failed to establish the second element—that a deprivation occurred to prevent or deter speech.

Williams v. Phillips 66 Co.

72 F. Supp. 3d 938 · District Court, S.D. Illinois · Nov 3, 2014

Every qualified operator is expected to take turns working the distillate job, and operators receive the same pay and same benefits while working the distillate job. … Williams was passed over for a position that he was qualified for in favor of a white man who was wholly unqualified.

Bush v. Shah

District Court, S.D. Illinois · Sep 13, 2024

Pittman for Plaintiff’s knee pain as he is a qualified medical professional who made determinations about Plaintiff’s care for identifiable medical reasons. (Doc. 62, p. 9). Plaintiff contests Defendant’s position. … Shah clearly acted within the bounds of acceptable professional judgment when caring for Plaintiff.