Case law

Murphy v. Baldwin

District Court, S.D. Illinois · Mar 23, 2021

Page 7 of 10 Porter is not entitled to qualified immunity as it was clearly established at the time of the events in question that applying force in a manner inconsistent with maintaining … Mitchell is not entitled to qualified immunity on this claim as it was clearly established at the time of the events in question that the failure to act when force is being applied in a manner inconsistent with maintaining

Linton v. Godinez

District Court, S.D. Illinois · Sep 6, 2019

Furthermore, because Crain did not violate Linton’s clearly established constitutional rights, Judge Sison also recommends that the undersigned find she is entitled to qualified immunity.

Randle v. Butler

District Court, S.D. Illinois · Apr 1, 2020

Qualified Immunity Defendants claim that they are entitled to qualified immunity on all counts. … violated was clearly established.

Espinoza v. N.Y.C. Dep't of Transp.

304 F. Supp. 3d 374 · District Court, S.D. Illinois · Mar 30, 2018

Ultimately, the list of candidates considered for interviews (the "Interview List") included fifteen candidates who were ranked based on test score and were otherwise qualified for the position (i.e., having a qualifying … With respect to the second prong-whether Plaintiff was qualified for continued employment-Defendants argue that "he was objectively deemed not qualified for the permanent SOMME appointment because his low score on the civil

McCoy v. IDOC Transfer Coordinator

District Court, S.D. Illinois · Feb 6, 2023

Qualified Immunity Finally, Mennerich claims he is entitled to qualified immunity. … The doctrine of qualified immunity protects government officials from liability for civil damages as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Al Momani v. Butler

District Court, S.D. Illinois · Sep 30, 2020

Qualified Immunity Finally, Defendants argue that they are entitled to qualified immunity because the facts alleged in this case do not give rise to a Constitutional … 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

Brown

District Court, S.D. Illinois · Mar 30, 2026

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 … Plaintiff’s claims under the Illinois eavesdropping statute (720 ILCS 5/14) fail to state a claim under § 1983 because a violation of state law, standing alone, does not establish a violation of the U.S.

Johnson v. Dye

District Court, S.D. Illinois · Sep 29, 2023

Qualified immunity shields government officials who are performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Johnson contends that Defendants cannot be shielded by qualified immunity as he has clearly established that his First and Fifth Amendment rights were implicated. (Doc. 170, p. 33).

Lisle, Jr. v. Butler

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

2) whether the right at issue was clearly established at the time of the alleged misconduct. … “The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Olin Industries, Inc. v. Barnett

64 F. Supp. 722 · District Court, S.D. Illinois · Jan 24, 1946

The pleaded and admitted facts clearly show that plaintiff’s greatly expanded operations from 1939 on were due entirely to the immense demand for war materials and were in no sense due to any natural increase in volume of … We should not lightly attribute to Congress the intention of overthrowing and disrupting this relationship-in the absence of language clearly evidencing such intent. The Act itself recognizes, the principle.

Johnson v. Facebook

District Court, S.D. Illinois · Oct 5, 2023

Because Johnson has failed to provide a completed affidavit in support of his request to proceed IFP, the Court is unable to ascertain whether he qualifies for indigent status. … The Court may dismiss a case if it determines 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. § 1915(e)(2)(B); see also Hoskins

Wilkins v. United States

188 F. Supp. 91 · District Court, S.D. Illinois · Oct 20, 1960

Upon the facts recited, the court held that the transaction involved was clearly qualified as a tax-exempt reorganization under the statute. … After reciting the facts of the reorganization in some detail, the court said, 269 F.2d at page 465 : “The transaction clearly qualifies as a tax-exempt reorganization under the statute.

Lynch v. City of N.Y.

335 F. Supp. 3d 645 · District Court, S.D. Illinois · Sep 28, 2018

Cox 's reasoning that the purpose of weeding out frivolous claims is served even if the individual is not detained when the action is filed would effectively excise the qualifying language "confined to a jail, prison, or … of arrest will, as a general matter," be immune from systemic constitutional challenges.

Tay v. Baldwin

District Court, S.D. Illinois · May 1, 2020

To state a failure to accommodate claim, a plaintiff must establish that: (1) she is a qualified individual with a disability; (2) the defendants were aware of her disability; and (3) the defendants failed to reasonably … Defendant bears the burden of establishing that the transferee forum is “clearly more convenient.” Coffey v. Van Dorn Iron Works, 796 F.2d 217, 220 (7th Cir.1986).

Titus v. Mitchell

District Court, S.D. Illinois · Sep 22, 2022

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.

Young v. Illinois Department of Corrections

District Court, S.D. Illinois · Feb 24, 2021

The Court also rejects Defendant Williams’ qualified immunity argument. … The Court also rejects Defendant Hughes’ qualified immunity argument concerning the cuffing incident.

Walker v. Harrington

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

and the Eleventh Amendment; and (12) Defendants are entitled to qualified immunity. … Qualified Immunity Further, the undersigned finds that Defendants are not entitled to qualified immunity.

United States v. Nash

910 F. Supp. 2d 1133 · District Court, S.D. Illinois · Nov 16, 2012

At trial, the defendant’s ex-wife, who had been given a grant of immunity, testified extensively about the defendants’ criminal activity. … The marriage at issue here was clearly moribund.

Dukes v. N.Y.C. Employees' Ret. Sys.

361 F. Supp. 3d 358 · District Court, S.D. Illinois · Feb 25, 2019

This is not a challenge to an established state procedure. Cf. Marino v. … procedures but are rather claimed instances of the failure to follow established procedures.