Case law

Hanselman v. Illinois Department of Corrections

District Court, S.D. Illinois · Aug 16, 2024

Therefore, all official capacity claims for money damages against the defendants must be dismissed on grounds of sovereign immunity. … In the proposed amended complaint, Plaintiff should clearly indicate whether he was a “prisoner” within the meaning of that term in 28 U.S.C. § 1915(h) on the date he filed his original Complaint.

Higgins v. Houseman

District Court, S.D. Illinois · Apr 18, 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 … Discussion Here, Plaintiff has sufficiently established his indigence.

Ferguson v. Schroeder

District Court, S.D. Illinois · Aug 30, 2023

It has long been established that judges, being sued solely for judicial acts, are protected by absolute judicial immunity. Mireles v. Waco, 502 U.S. 9, 11-12 (1991); Richman v. … Clearly, Judge Schroeder’s decisions regarding the assignment of counsel in this case are judicial acts. Thus, he is entitled to absolute judicial immunity.

Mays v. Lewis and Clark Community College

District Court, S.D. Illinois · Sep 22, 2025

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 … As such, to proceed in federal court, Mays must establish that the Court has subject matter jurisdiction, which is ordinarily accomplished through federal question jurisdiction under 28 U.S.C.

Schoonover v. Karr

285 B.R. 695 · District Court, S.D. Illinois · Aug 20, 2002

DISCUSSION On appeal, a district court reviews the factual findings of the Bankruptcy Court under a “clearly erroneous” standard, but reviews conclusions of law de novo. Meyer v. … The debtor challenges the finding of the Bankruptcy Court that the debtor failed to establish, by a preponderance of the evidence, that the funds in the savings accounts and certificates of deposit are traceable to social

Extenet Sys., Inc. v. Vill. of Pelham

377 F. Supp. 3d 217 · District Court, S.D. Illinois · Mar 27, 2019

On the same day, ExteNet's counsel submitted a letter to the Village Administrator contending that the proposed modifications "qualify as a federal eligible facility request" under Section 6409 of the 2012 Middle Class Tax … Together, the TCA and Section 6409 occupy a clearly contoured area of telecommunications regulation. Within these contours are certain modification requests.

Austin v. Spiller

District Court, S.D. Illinois · Sep 7, 2022

The Defendants responded to Austin’s Second Amended Complaint on September 30, 2019, denying all of Austin’s allegations, demanding a trial by jury, and asserting as affirmative defenses Qualified Immunity, Sovereign … These principles of summary judgement still apply when the defendant has invoked qualified immunity. See Tolan at 656-57.

Harper v. Genzyme Corporation

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

Viewing the allegations in the Complaint and judicial records and drawing all reasonable inferences in favor of the plaintiffs, the materials establish the following relevant facts. … Quasi-Judicial Immunity Genzyme relies on absolute judicial immunity, which extends as quasi-judicial immunity to court-appointed experts serving as “arms of the court” and at

Hughes

District Court, S.D. Illinois · Apr 13, 2026

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 … Court to screen prisoner Complaints to filter out nonmeritorious claims and dismiss any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune

Blackburn

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

Stated another way, the nonmoving party must offer more than “[c]onclusory allegations, unsupported by specific facts,” to establish a genuine issue of material fact. Payne v. … Therefore, the ERT Defendants are not afforded sovereign immunity under the State Lawsuit Immunity Act. B.

J.L. ex rel. J.P. v. N.Y.C. Dep't of Educ.

324 F. Supp. 3d 455 · District Court, S.D. Illinois · Aug 28, 2018

According to the Complaint, "even after the Plaintiffs submitted medical documentation clearly demonstrating the medical need for nursing services, OSH denied or delayed approval of Nurse Services because of requests for … There are four ways to establish the existence of an official policy or custom: (1) a formal policy officially endorsed by the municipality; (2) actions taken by government officials responsible for establishing the municipal

Widdows v. Jackson County

District Court, S.D. Illinois · Aug 2, 2024

And with this immunity grant, a plaintiff’s failure to establish a deliberate indifference claim under the Eighth Amendment is dispositive of a corresponding wrongful death claim under Illinois law because “the … A qualifying municipal policy can be established in one of three ways: “[1] an express policy, [2] a widespread practice which, although unwritten, is so entrenched and well-known as to carry the force of policy, or [

Orr v. State of Illinois

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

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

Snowden v. Magistrate Judge Daly

District Court, S.D. Illinois · Jul 16, 2020

Fiscus, 830 F.2d 755, 756 (7th Cir. 1987) (“When a Bivens action is available, a series of qualified and absolute immunities may be set up in defense.”). … Section 1361 establishes jurisdiction for a federal court to compel a federal official or agency to perform a duty that is owed to the petitioner. See 28 U.S.C. § 1361.

Jenkins

District Court, S.D. Illinois · Apr 29, 2026

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 … Failure to file an amended complaint that presents a federal question or establishes diversity jurisdiction will result in dismissal of this action with prejudice without further notice.

Brooks v. Centerstone

District Court, S.D. Illinois · Oct 4, 2024

Thus, 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 … To state a discrimination claim under the ADA, a plaintiff “must allege that [she] is disabled within the meaning of the Act, is nevertheless qualified to perform the essential functions of the job either with or

Ross v. Gossett

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

Qualified Immunity Determining whether a defendant state officer is entitled to qualified immunity involves two inquiries: “(1) whether the facts, taken in the light most favorable to the … plaintiff, make out a violation of a constitutional right, and (2) whether that constitutional right was clearly established at the time of the alleged violation.”

Lightfoot v. Walker

486 F. Supp. 504 · District Court, S.D. Illinois · Mar 18, 1980

The record at trial establishes quite clearly that erratic and insufficient physician services have existed during the four year term of this litigation. Dr. … King, on August 31, 1977, reviewed his medical records at trial concluding that Daugherty’s life may have been saved if qualified personnel had been available to interpret an E.K.G. and physical symptoms which clearly suggested

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

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

liability by the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”), 745 ILL. … A local public entity claiming immunity under 2-201 must establish two things: (1) that its employee “held either a position involving the determination of policy or a position involving the exercise of discretion”

Haynes

District Court, S.D. Illinois · Feb 13, 2026

that Plaintiff brought her claim after the one-year statute of limitations for state law claims against a local public entity or its employees pursuant to the Illinois Local Government and Governmental Employees Tort Immunity … Instead, Plaintiff argues that “relevant holdings in both this Circuit and others are persuasive to establish that a tolling of this period is applicable in the instant case.” (Doc. 36, pg. 2).