Case law

Leone v. United States

District Court, S.D. Illinois · May 9, 2025

Pursuant to § 1915(e)(2)(B), the Court may dismiss a case or deny an otherwise qualified plaintiff leave to proceed IFP, if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages … against an immune defendant.

Elkins, Jr. v. Doe 1

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

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, 137 S. … ) whether the right at issue was clearly established at the time of the alleged misconduct.

Stewart v. Jeffreys

District Court, S.D. Illinois · Mar 31, 2024

Qualified Immunity This Court analyzes whether the retaliation claims against Defendants Brookhart and Greentree are barred by qualified immunity. … Prison officials “‘are entitled to qualified immunity from liability arising out of conduct that does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Thomas v. Ahmed

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

Qualified Immunity The doctrine of qualified immunity protects governmental officials from liability for civil damages insofar as their conduct does not violate clearly … One component of the court’s qualified immunity analysis is whether there was a constitutional violation. Id.

Berry v. Severit

District Court, S.D. Illinois · Jun 23, 2020

Now, the Court must determine whether Berry established subject-matter jurisdiction. II. … Berry contends that § 1983 “clearly establish[es] the right to sue anyone who will violate constitutional rights . . . .” (Pl.’s Resp. 2) (emphasis added).

Wilson v. IDOC

District Court, S.D. Illinois · Sep 27, 2022

Qualified Immunity Simply put, Defendants are not entitled to qualified immunity. … “Generally, qualified immunity protects government agents from liability when their actions do not violate ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Higgins v. Houseman

District Court, S.D. Illinois · Jun 28, 2024

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 … The Court further finds that Plaintiff has sufficiently established his indigence.

Rico v. Knauer

District Court, S.D. Illinois · Jan 8, 2025

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … 2) whether the right at issue was clearly established at the time of the alleged misconduct.

Allen v. Butler

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

IDOC Defendants Qualified Immunity Defendants’ final argument is that they are entitled to qualified immunity. (Doc. 113, p. 10-11). … Government officials performing discretionary functions generally are shielded from liability for civil damages under qualified immunity if their conduct does not violate clearly established statutory or constitutional

In re Barclays Liquidity Cross & High Frequency Trading Litig.

390 F. Supp. 3d 432 · District Court, S.D. Illinois · May 28, 2019

The Exchanges argue that Plaintiffs fail to establish several of the foregoing elements. … Although it is a close question, Plaintiffs here satisfy the standard established in John .

Zepeda

District Court, S.D. Illinois · Aug 24, 2026

Qualified Immunity Cunningham also moved for summary judgment based on qualified immunity. … Generally, government officials are protected from civil liability when performing discretionary functions under the doctrine of qualified immunity so long as “their conduct does not violate clearly established statutory

Democratic Nat'l Comm. v. Russian Fed'n

392 F. Supp. 3d 410 · District Court, S.D. Illinois · Jul 30, 2019

Therefore, the DNC has not established closed-ended continuity. 30 2. … Hacking a computer network may qualify as trespass to chattels. Id. A "computer network" may qualify as a chattel because "computers ... are tangible personal property." Id.

Overturf v. Wexford Health Sources

District Court, S.D. Illinois · Nov 20, 2020

Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … To defeat a defense of qualified immunity, the plaintiff must show that the facts demonstrate “a violation of a constitutional right,” and that the “constitutional right was clearly established at the time

Schwebel v. Crandall

343 F. Supp. 3d 322 · District Court, S.D. Illinois · Sep 7, 2018

Plaintiff's efforts suffice to establish the CSPA's "sought to acquire" condition. 2. … The statute does not establish an order of priority, nor does it bridge Defendants' leap in concluding that "the applicable petition" described in 8 U.S.C. § 1153 (h) establishes the earliest possible moment whereby Plaintiff

Balestra v. ATBCOIN LLC

380 F. Supp. 3d 340 · District Court, S.D. Illinois · Mar 31, 2019

Sept. 11, 2018) ("Whether a transaction or instrument *353 qualifies as an investment contract is a highly fact-specific inquiry."). … The opposite is true here: without the promised ATB Blockchain, there was essentially no "market" for ATB Coins, which clearly distinguishes the coins from the precious metals to which Defendants attempt to analogize them

Morgan v. Doe

District Court, S.D. Illinois · Jan 13, 2021

Qualified Immunity With regard to Defendants New, Gimber, Mezo, Purdom, Miner, and Lawrence, the Court need not consider the issue of qualified immunity because it … The Court, however, rejects Defendant Hudson’s argument concerning qualified immunity.

Morris v. Lashbrook

District Court, S.D. Illinois · Sep 25, 2019

whether that right was clearly established at the time. … Moreover, these rights were clearly established at the time of Morris’s alleged injury.

Ferrari

District Court, S.D. Illinois · Jun 2, 2026

.1 Separately, the Madison County Defendants move to dismiss all counts against them on grounds of quasi-judicial immunity, qualified immunity, and failure to state a claim. … Under thesestandards, Judge Smith’s October 11, 2025 administrative order was clearly a judicial act.

M.C. v. East Side Health District

District Court, S.D. Illinois · Feb 7, 2025

Whether a defendant qualifies for immunity under the Tort Immunity Act generally turns on the facts of the case. The issue is thus generally inappropriate for resolution on a motion to dismiss. Hayes v. … Litscher, 267 F.3d 648, 649 (7th Cir. 2001) (qualified immunity). Moreover, it is well settled that “[p]laintiffs are not required to plead around every possible defense in a complaint.” U.S. ex rel. Grenadyor v.

Reed v. Southern Illinois University Edwardsville

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

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … 2) whether the right at issue was clearly established at the time of the alleged misconduct.