Case law

McDonough v. Gencorp, Inc.

750 F. Supp. 368 · District Court, S.D. Illinois · Nov 1, 1990

Congress clearly intended the availability of multiple remedies for some offenses. … Moreover, since the courts have long held that the NLRA does not preempt state criminal statutes of general applicability and since many crimes defined by state law qualify as RICO predicates, it is also arguable that Congress

Turner v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · May 29, 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.

James Pennington, Jr. v. Flora Community Unit School District No 35

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

The School District argues that it is entitled to summary judgment on Counts 1 and 2 because it is immunized from liability under the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity … The District first points to Section 3-108 of the Tort Immunity Act (Id. at p. 6).

Riley-Jackson v. Casino Queen, Inc.

776 F. Supp. 2d 815 · District Court, S.D. Illinois · Feb 27, 2011

Under this approach, a plaintiff first must establish a prima facie case of discrimination. … Neither party addresses whether Burton would have been qualified for any of the promotions which the Casino Queen failed to post or announce.

Hulme v. Madison County

188 F. Supp. 2d 1041 · District Court, S.D. Illinois · Nov 28, 2001

The language in Brown does not establish, as Defendants argue, that an apportionment plan with a maximum population deviation under 10% is immune from Constitutional attack. … Clearly, the Committee had at its disposal advanced technological equipment.

McKinley v. Atchinson

District Court, S.D. Illinois · Sep 30, 2019

Finally, Judge Beatty found that Defendants are not entitled to qualified immunity. … Qualified Immunity Because Defendants do not object to Judge Beatty’s conclusion that they are not entitled to qualified immunity, the Court reviews that finding only for plain error.

Gillispie v. Wilmington Trust Co. (In re Motors Liquidation Co.)

599 B.R. 706 · District Court, S.D. Illinois · Mar 27, 2019

On September 16, 2009, the bankruptcy court entered an order establishing a bar date of November 30, 2009, for any pre-petition creditor to file a proof of claim against Old GM. … ..., though not necessarily the product of a legal error or a clearly erroneous factual finding, cannot be located within the range of permissible decisions."

Babcock, Jr. v. Lakin

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

Dep’t of Corr., 746 F.3d 782, 794 (7th Cir. 2014) (private doctors working in prisons not entitled to qualified immunity). … July 1, 2021) (“The Court does not see how qualified immunity under a different name would be consistent with Seventh Circuit precedent denying qualified immunity to private contractors.”).

Rogers v. Von Nida

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

The Seventh Circuit directs courts to consider whether, “at the time the defendant filed his notice in federal court, clearly established law demonstrated that he had no basis for removal,” likening the analysis to one … Page 4 of 5 made under the qualified immunity doctrine.

Nardoni v. City of N.Y.

331 F. Supp. 3d 116 · District Court, S.D. Illinois · Aug 7, 2018

DISCUSSION To establish a claim under Section 1983, a plaintiff must show that there has been a denial of a right, privilege, or immunity secured by the Constitution or laws of the United States and that the deprivation of … Mar. 18, 2014) ("A lawyer's citations to actions she has brought and subsequently settled without adjudication or admission of liability is clearly an insufficient basis for a Monell claim." (citing Rasmussen v.

Graumenz v. Fritcher

District Court, S.D. Illinois · Jul 26, 2024

The Court will 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 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Neither does the detained-goods exception apply, as the allegedly damaged property was never removed from the property or in the possession of law enforcement and plainly does not qualify as “detained.”

Mason v. Cecil

District Court, S.D. Illinois · Mar 20, 2023

Qualified Immunity Defendants also argue that they are entitled to qualified immunity, but because the Court grants summary judgment on the merits it need not address … the qualified immunity arguments.

Robinson v. Lamb

District Court, S.D. Illinois · May 2, 2022

Ahmed also asserts he is entitled to qualified immunity. … Finally, Defendants contend they are entitled to qualified immunity.

Blankenship v. City of Marshall, Illinois

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

The Court may dismiss a case and 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 … Similarly, Plaintiff cannot pursue claims against Judges Lewis and Regen for decisions made within the scope of their judicial capacity because they have judicial immunity. John v.

Lynch v. Lapidem Ltd. (In re Kirwan Offices S.À.R.L.)

592 B.R. 489 · District Court, S.D. Illinois · Oct 10, 2018

A finding of fact is clearly erroneous *500 if the court is " 'left with the definite and firm conviction that a mistake has been committed.' " In re Manville Forest Prods. … As noted, Section 157 contains a non-exclusive list of bankruptcy proceedings that qualify as "core;" among them is confirmations of plans of reorganization. Id. § 157(b)(2)(L).

Prak v. Skaf

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

“Consequently, plaintiffs may not proceed unless they can establish that the United States has waived its sovereign immunity with respect to their claim.” Iowa Tribe Of Kan. & Neb. v. … Clearly, plaintiffs have failed to comply with the requirements under the QTA. As such, they have failed to state a claim upon which relief can be granted.

United States v. Pinto-Thomaz

352 F. Supp. 3d 287 · District Court, S.D. Illinois · Dec 6, 2018

As the Supreme Court has stated, "[a] company's confidential information ... qualifies as property to which the company has a right of exclusive use," O'Hagan , 521 U.S. at 654 , 117 S.Ct. 2199 , 2 and, accordingly, "undisclosed … Thereafter, most lower courts, consistent with this understanding, recognized a broad variety of qualifying personal benefits. See United States v.

Boeckman v. A.G. Edwards, Inc.

461 F. Supp. 2d 801 · District Court, S.D. Illinois · Sep 26, 2006

In this case, the right asserted by Boeckman clearly is not in the nature of a “contested pension claim.” … It cannot possibly be consistent with the statutory purpose of ERISA to hold that an employer and plan fiduciary can immunize itself from all future claims for breach of fiduciary duty by the simple expedient of requiring

Irons v. Fiero

District Court, S.D. Illinois · Mar 17, 2025

Plaintiff counters that Defendant 6 Defendant Fiero also argues that he is protected from liability by the doctrine of qualified immunity (Doc. 67 at pp. 13-14). … 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

Norfleet v. Brookman

District Court, S.D. Illinois · Apr 5, 2022

immunity. … immunity.