Case law

Mills

District Court, S.D. Illinois · Aug 12, 2026

Under § 1915(e)(2), the Court must now screen Mills’s Complaint and dismiss the Complaint if it is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 … Deputy Capeheart was clearly acting at the direction of Judge Foster, so he is entitled to quasi-judicial immunity. Mills’s claims against the remaining Defendants also fail.

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.

Minier v. Travelers Indemnity Co.

159 F. Supp. 230 · District Court, S.D. Illinois · Jan 22, 1958

Minier, was the duly elected, qualified and acting Township Commissioner of Milo Township, Bureau County, Illinois. … A construction of the language in Item One established a fact that there was more than one insured and that William Minier was one of them.

Hemphill v. Sayers

552 F. Supp. 685 · District Court, S.D. Illinois · Dec 2, 1982

In Knox, the Court suggested that employees of the last purchaser may qualify under Section 2-318. … The Court in Asbestosis Cases clearly denied warranty coverage to the employees on the basis of their status.

Hoskins v. Swisher

District Court, S.D. Illinois · Mar 22, 2023

Qualified Immunity IDOC Defendants include a blanket qualified immunity argument in their motion. 3 It is not clear if Plaintiff lost any good conduct … For these reasons, Defendants Wall, Swisher, and Justice are not entitled to qualified immunity.

United States v. Matthews

364 F. Supp. 3d 921 · District Court, S.D. Illinois · Jan 28, 2019

This analysis is similar to a qualified immunity analysis. Id. … Thus, evidence will be excluded where courts have clearly held that a materially similar affidavit previously failed to establish probable cause under identical facts or the affidavit is so plainly deficient that any reasonably

Milhime v. Brown

District Court, S.D. Illinois · Aug 21, 2025

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). … A TRO may issue without notice only if (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can

Stubbs v. Cunningham

District Court, S.D. Illinois · Sep 28, 2020

Officer Bowker is not entitled to qualified immunity because it was clearly established at the relevant time that a prison official may violate the Eighth Amendment by ignoring a plaintiff’s complaints of pain and request … Officer Johnson is not entitled to qualified immunity because it was clearly established at the relevant time that a prison official may violate the Eighth Amendment by ignoring a plaintiff’s complaints of pain and request

Lasswell v. City of Johnston City

436 F. Supp. 2d 974 · District Court, S.D. Illinois · Jun 14, 2006

A party need not prevail at trial in order to qualify as a “prevailing party” for purposes of § 1988. … The judgment entered by the Court clearly calls for costs “up to and including February 10, 2006,” the date the plaintiffs accepted the offer.

Herrick v. Grindr, LLC

306 F. Supp. 3d 579 · District Court, S.D. Illinois · Jan 25, 2018

There are three elements to a claim of immunity under Section 230(c). … See Opp'n (Dkt. 54) at 49 (The amended complaint "clearly identifies the defined term 'Defendant' as collectively owning, maintaining, and controlling the weaponized product.

Embraer S.A. v. Dougherty Air Tr., LLC

348 F. Supp. 3d 246 · District Court, S.D. Illinois · Dec 12, 2018

all parties in interest and that the legal and factual bases set forth establish[ed] just cause." … The timeline of events clearly establish this standard met in the present case. Dougherty sent its Revised Claim to Shuttle's bankruptcy representative on January 20, 2017. Verde Ex. 18.

Vincent Mar. v. Metro-North R.R. Co.

369 F. Supp. 3d 525 · District Court, S.D. Illinois · Mar 28, 2019

He also does not dispute that employees making Good Faith Challenges are immune from disciplinary action. … City of New York , 374 F.3d 93 , 109 (2d Cir. 2004) (in context of qualified immunity, it was appropriate for court to determine whether "defendant official's conduct was objectively reasonable" as a matter of law).

Stone Key Partners LLC v. Monster Worldwide, Inc.

333 F. Supp. 3d 316 · District Court, S.D. Illinois · Aug 10, 2018

It follows that Stone Key is clearly barred by the terms of the parties' contract from recovering fees for JobKorea II and the Randstad Transaction. … The Engagement Letter does not define what portion of assets would qualify as "material."

Rose

District Court, S.D. Illinois · Nov 12, 2025

As Rose is unable to pay the filing fee, and because nothing in the file indicates this action is clearly frivolous or malicious, the next step is to determine whether Rose’s complaint fails to state a claim on which relief … Count I arises under Title II of the ADA, which provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services,

Carmichael v. Chappius

340 F. Supp. 3d 340 · District Court, S.D. Illinois · Sep 13, 2018

Washington qualifies as clearly established law. See Williams v. Taylor , 529 U.S. 362 , 391, 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) ; Sellan v. … has been clearly established.").

Finnegan v. Baldwin

District Court, S.D. Illinois · Mar 29, 2024

Defendants’ Qualified Immunity Defense All Defendants claim they are protected by qualified immunity. … To determine whether qualified immunity applies, the court must consider: (1) whether a constitutional violation has occurred on the facts alleged; and (2) whether the right alleged to have been violated is clearly established

Dent v. Nally

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

Qualified Immunity Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … The remaining IDOC defendants are not entitled to qualified immunity because a prisoner’s right to file grievances and lawsuits without fear of retaliation was clearly established at the time of the events alleged

Haley v. Teachers Ins. & Annuity Ass'n of Am.

377 F. Supp. 3d 250 · District Court, S.D. Illinois · Mar 27, 2019

Overall, the collective allegations in the Amended Complaint plausibly establish that the § 408(b)(2) safe harbor does not clearly exempt the conduct at issue. … It is undisputed that Haley, as a plan participant, qualifies as the "party in interest" for this claim.

Wakefield v. Franklin County Jail

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

Qualified Immunity “Qualified immunity is a doctrine that protects government officials from liability for civil damages insofar as their conduct does not violate clearly … immunity.

Mister v. Illinois Central Gulf Railroad

639 F. Supp. 1560 · District Court, S.D. Illinois · Aug 7, 1986

Peterson’s unrefuted study clearly demonstrated this fact. … However, the plaintiff must objectively establish that he was qualified for the job in question before the Court will analyze the defendant’s allegedly discriminatory actions.