Case law

Gakuba v. Doe 1

District Court, S.D. Illinois · May 25, 2022

A court can deny a qualified plaintiff leave to file IFP or can dismiss a case if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C

Garcia v. IDOC

District Court, S.D. Illinois · Oct 17, 2024

Liu for refusing to offer immediate surgery, but this is not sufficient to state a claim because the visit notes clearly indicate that Dr. … Plaintiff’s stray allegation that he sent a letter to Wexford about his situation just a week or so before filing this case is also insufficient to establish liability.

Gakuba v. Wright

District Court, S.D. Illinois · May 25, 2022

A court can deny a qualified plaintiff leave to file IFP or can dismiss a case if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C

TravCo Insurance Company v. Jones

District Court, S.D. Illinois · Sep 25, 2024

In Illinois, the rule of strict comparison of the policy and the face of the complaint is qualified by the “true but unpleaded facts” doctrine. … Accordingly, the Court finds the “intended or expected damage” exclusion does not clearly apply.

Johnson v. Doe 2

District Court, S.D. Illinois · Jul 31, 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 … These instances are not clearly related to Claims 1-3.

Curtis v. Werlich

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

A prisoner may not file a “second or successive” Section 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 … Congress clearly intended that it be applied only to sentences not yet imposed as of the Act’s effective date.

Pierce v. Whiteside School District No. 115

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

Dist., 446 F.3d 1153, 1158–59 (11th Cir. 2006) (holding that retaliation claims “clearly relate[d]” to student's evaluation and education and were subject to the exhaustion requirement); Rose v. … Plaintiffs present no case holding that a dismissal for procedural difficulties4 qualifies as administrative “findings and [a] decision.”

Bennett Jr. v. Mitchell

District Court, S.D. Illinois · Aug 20, 2024

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. See 28 U.S.C. § 1915A(b). … Here, Plaintiff has not established any efforts made to obtain counsel.

Jones

District Court, S.D. Illinois · Nov 18, 2025

Id.1 He may also incur a sanction for filing a case that does not ultimately qualify for the imminent danger prong of Section 1915(g). … Because Jones’s claims involve his medical and mental health care, the Clerk of Court is DIRECTED to enter the Court's standard HIPAA Qualified Protective Order.

Lazare Kaplan Int'l Inc. v. KBC Bank N.V. & Antwerp Diamond Bank N.V.

337 F. Supp. 3d 274 · District Court, S.D. Illinois · Aug 29, 2018

Mar. 5, 2004) (since clause was "its own paragraph, set-off by a title clearly indicating its purpose" it provided "requisite notice"). … Adequacy of Alternative Forum The defendant "bears the burden of establishing that a presently available and adequate alternative forum exists." Abdullahi v.

Merritte

District Court, S.D. Illinois · Nov 24, 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 … asserts that while he was in the psychiatric cell from May 8-9, 2023, Correctional Officers John Does 2, 3, 4, and 5 did not provide him hygiene supplies, clothing, bedding, or access to legal materials in accordance with “established

D'Amico Dry D.A.C. v. Primera Mar. (Hellas) Ltd.

348 F. Supp. 3d 365 · District Court, S.D. Illinois · Dec 22, 2018

He was educated and qualified as an English solicitor and practiced with the law firms Reed Smith and Norton Rose. Tr. at 156-57. 22. … "As clearly indicated in Passalacqua Builders , the inquiry for piercing the corporate veil examines the full spectrum of the relations between the parent corporation and its alleged alter ego."

Regions Bank v. USA

District Court, S.D. Illinois · Jun 9, 2023

Regions never clearly established that avoiding rushing the delivery process was a standard of care during trial through expert testimony. … That testimony in itself stretched the bounds of qualified expert testimony for labor related traction. Contrary to Regions’ theory, Dr.

Austin v. Rhoades

District Court, S.D. Illinois · Jun 1, 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). … Two elements are required to establish a constitutional violation.

Torres v. Baldwin

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

The IDOC does not contest that Plaintiff was a qualified individual with a disability (see Docs. 109, 116). … Deviating from the accessibility standards is only permitted if it is “clearly evident that equivalent access” to the facility was provided. 28 C.F.R. § 35.151(c)(1).

Chairez v. Ottensmeier

District Court, S.D. Illinois · Jan 23, 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 … He often 1 Despite his assertion that a finding of violence is needed, he included an excerpt of the Administrative Code that clearly states administrative detention can be used for inmates who are “violent, disruptive

Doe v. Trump

District Court, S.D. Illinois · Sep 28, 2021

such periods of amnesty, not to exceed ninety days in the case of any single period, and immunity from liability during any such period, as the Secretary determines will contribute to the purposes of this title … Code ever envisioned a device like a bump stock, [f]or purposes of this litigation, Doe has already conceded the point”).1 And an amnesty period would clearly violate § 922(o)’s prohibition on machineguns.

Bailey v. Jeffreys

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

Additionally, the mere fact that Sullivan is the Warden of Big Muddy and in a supervisory role, does not establish liability. … To state a property loss claim under the Fourteenth Amendment, a plaintiff must establish a deprivation of liberty or property without due process of law.

Townsend v. Vaughn

District Court, S.D. Illinois · Oct 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 … He alleges he loudly and clearly requested a crisis team, but despite awareness of his psychosis and prior mental health issues, staff ignored his pleas. (Doc. 1 at 21).

Manchester Mgmt. Co. v. Echo Therapeutics, Inc.

297 F. Supp. 3d 451 · District Court, S.D. Illinois · Mar 14, 2018

That term is not defined in the statute, and the Court now considers whether Plaintiffs' entry of a voluntary dismissal without prejudice qualifies. … Of note, Plaintiffs had interviewed Thomas Bishop, Echo's former VP of Operations and Product Development, who stated quite clearly in connection with the application for a TRO that "the Licensing Agreement is a mechanism