Case law

Reese v. Trost

District Court, S.D. Illinois · Sep 22, 2020

Trost’s argument of qualified immunity. However, the Court notes the Seventh Circuit has found that qualified immunity does not apply to private medical personnel in prisons. See Petties v. … Illinois Dep’t of Corrections, 746 F.3d 782, 794 (7th Cir. 2014)), and even if Moldenhauer was entitled to such immunity, his conduct in ignoring and failing to treat Plaintiff’s complaints violates clearly established

Rose v. State of Illinois

District Court, S.D. Illinois · Sep 26, 2023

Additionally, there is no indication that the State of Illinois itself has waived its immunity and consented to the suit by Plaintiff. Waiver of sovereign immunity by a state must be unequivocal. … Thus, Pascente qualifies as a “person” amenable to suit under section 1983.

United States v. Wolf

375 F. Supp. 3d 428 · District Court, S.D. Illinois · Mar 21, 2019

DISCUSSION Ann argues that she qualifies for relief under 21 U.S.C. § 853 (n)(6)(A). 9 To prevail under that subsection, a petitioner must establish, by a preponderance of the evidence, that she has a "legal right, title, … Although state law will not protect the rights Ann has in the property from forfeiture that is properly authorized under federal law, Ann does not claim that the Properties are immune from forfeiture because of a protection

Lujano v. Brown

District Court, S.D. Illinois · Oct 7, 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

Glaser v. Upright Citizens Brigade, LLC

377 F. Supp. 3d 387 · District Court, S.D. Illinois · Mar 28, 2019

In order to do so, a plaintiff "must establish that she received remuneration in some form for her work." Id. at 92. … Accordingly, Glaser has failed to allege facts sufficient to establish that he was compensated in a manner sufficient to qualify him as an "employee" of UCB LLC at the time of the conduct at issue in this suit.

D.H. v. City of N.Y.

309 F. Supp. 3d 52 · District Court, S.D. Illinois · Jan 9, 2018

Defendants additionally move for qualified immunity for the claims alleging discrimination on the basis of gender identity. … They have thus not "met their required burden of demonstrating the nonexistence of a clearly established right," and qualified immunity is inappropriate at this juncture. Tellier v.

Weinreb v. Xerox Bus. Servs., LLC

323 F. Supp. 3d 501 · District Court, S.D. Illinois · Aug 29, 2018

Weinreb does not satisfy the clinical guidelines and does not qualify for benefits under the Plan. … The percentage of women who qualify for fentanyl benefits for non-cancer pain under the guidelines is 0%.

Walston v. Baldwin

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

Qualified Immunity Butler and Baldwin also moved for summary judgment on the basis of qualified immunity. … Therefore, the Court need not analyze or reach a determination as to the issue of qualified immunity.

Nguyen v. New Link Genetics Corp.

297 F. Supp. 3d 472 · District Court, S.D. Illinois · Mar 29, 2018

As NewLink's most advanced treatment candidate, HyperAcute Pancreas is designed to stimulate the human immune system to recognize and attack cancer cells. (Compl. ¶ 2.) … Litig. , 252 F.3d 63 , 75 (2d Cir. 2001) (selling 80 percent of holdings sufficient to establish motive).

I.M. v. United States

362 F. Supp. 3d 161 · District Court, S.D. Illinois · Jan 24, 2019

to establish a prima facie case of malpractice.' " *191 Sitts v. … Hamar are not qualified to testify about obstetrical nursing, and that Dr.

Clover v. Griffith

District Court, S.D. Illinois · Mar 3, 2022

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). … However, judges are afforded absolute immunity for decisions made in their courtroom regarding cases. “The courts have recognized that certain functions deserve absolute immunity.

Shopping Delite, Inc v. City of Bellevile

District Court, S.D. Illinois · Nov 30, 2022

Finally, defendants asserted both Monell and the doctrine of qualified immunity as a bar to Shopping Delite’s claims (Id., pp. 12-15). … Monell and Qualified Immunity At this time and without the opportunity for a fully-developed record, the Court declines to address the issue.

Smith v. McGee

District Court, S.D. Illinois · Sep 16, 2022

All three defendants argue that they are entitled to qualified immunity because Plaintiff did not have a serious medical need and their conduct did not violate clearly established law. … He argues that the Defendants are not entitled to qualified immunity because there are genuine questions of material fact about their actions, which relate to the clearly established right to adequate medical

Tweedy v. City of Robinson

District Court, S.D. Illinois · Jun 24, 2025

and administration of the Robinson Police Department—issues for which the City of Robinson has immunity under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/4-102 (“Tort Immunity … Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure

Rippley v. Teamsters Local 50

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

Here, Plaintiff has sufficiently established his indigence. He has no income and has approximately $800 in his checking or savings account. … 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

Vernon

District Court, S.D. Illinois · Aug 7, 2026

immunity. … Finally, they argue they are entitled to qualified immunity because Plaintiff does not complain of a violation of clearly established law. (Id. at 9-10).

Intellectual Prop. Watch v. U.S. Trade Representative

344 F. Supp. 3d 560 · District Court, S.D. Illinois · Sep 30, 2018

As an initial matter, the section of the Manual that establishes the categories of information that will be considered as "provided in confidence," states only that such information "will in general be clearly designated … as falling into" the two established categories.

Hopfinger v. City of Nashville, Illinois

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

Second, Fletcher asserts that he is entitled to qualified immunity (Id. at p. 6) because the law is not clearly established that the termination of an employee under the facts asserted constitutes a deprivation of the right … Defendants also contend that they are entitled to qualified immunity on this claim (Id. at ¶ 4).

Lamer v. Holder

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

objective reasonableness standard, Plaintiff could not be successful in his claims as a whole because Defendant McCoy asserted the affirmative defense of qualified immunity, which generally “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.’”

Brady

District Court, S.D. Illinois · Jun 5, 2026

Here, Brady has not produced the requisite medical expert opinion evidence to establish a medical negligence claim. … Koropchak, 567 F.3d 880 (7th Cir. 2009) ([w]here an alleged act of misconduct arose out of the State employee's breach of a duty that is imposed on him solely by virtue of his State Employment, sovereign immunity will