Case law

United States v. Cohen

366 F. Supp. 3d 612 · District Court, S.D. Illinois · Feb 7, 2019

Against this backdrop, Rule 41(i) does not "establish any tradition of public access" to warrant materials. In re Search of Fair Finance , 692 F.3d at 430 . … Although the Second Circuit has remarked in dicta that the First Amendment right of access requires both logic and experience to be established, In re N.Y.

United States v. Southwestern Electric Cooperative, Inc.

676 F. Supp. 897 · District Court, S.D. Illinois · Dec 28, 1987

Clearly, the understanding of the General Manager is in accordance with the Court’s ruling. … Nor has Southwestern shown that it meets all of the remaining requirements to establish mutual mistake.

Thornton v. Doe

District Court, S.D. Illinois · May 15, 2020

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. … If a plaintiff establishes these three elements, the Court must then balance the harm to each party and to the public interest from granting or denying the injunction. Id. at 662.

Williams v. Chenoweth (In Re Chenoweth)

143 B.R. 527 · District Court, S.D. Illinois · Jul 29, 1992

ANALYSIS In a bankruptcy appeal, the bankruptcy court’s findings of fact “shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the bankruptcy court to judge the credibility … To qualify for; to furnish with proper grounds for seeking or claiming.” Black’s Law Dictionary 532 (6th ed. 1990).

Jones v. Irvin

602 F. Supp. 399 · District Court, S.D. Illinois · Feb 15, 1985

The court stated that “[i]t would be a dangerous principle to establish that a druggist cannot safely fill a prescription merely because it is out of the ordinary. … Clearly, such specific facts are not alleged in the instant case.

Morris v. Barwick

District Court, S.D. Illinois · Aug 12, 2024

. § 1915A, which requires dismissal of any portion that is legally frivolous or malicious, fails to state a claim for relief, or seeks monetary relief from an immune defendant. 28 U.S.C. § 1915A. … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Henney v. Kohn

District Court, S.D. Illinois · Jun 11, 2021

The Court accepts Densmore’s representation of this confusion, and finds it akin to mistake or excusable neglect, and thus sufficient for establishing good cause. … Further, Densmore asserts that he is protected from liability by qualified immunity (Id.).

Rutherford v. Merck & Co., Inc.

428 F. Supp. 2d 842 · District Court, S.D. Illinois · Apr 21, 2006

Presumably a determination that Walgreens and Oseo Drugs are immune from liability under the learned intermediary doctrine would be the law of the case as to Merck. See Moore v. … Precisely what the ‘something more’ is was not clearly established in Tapscott and has not been established since.”). Many, courts have foundered on shoals of tautology in trying to define fraudulent misjoinder.

United States v. Hodges

189 F. Supp. 2d 855 · District Court, S.D. Illinois · Feb 20, 2002

Hodges contends that the jurors’ testimony clearly establishes that Judge Riley had ex parte communications with some, if not all, of the jurors in this case. … Waco: The Supreme Court Prescribes the Bitter Pill of Judicial Immunity and Summary Reversal, 26 U. RICH.

Clifton Jackson v. Deanna Brookhart and Carissa Luking

District Court, S.D. Illinois · Aug 27, 2026

Defendant Brookhart argues the same; she further claims she is entitled to qualified immunity. … immunity.

Smith v. Dodd

District Court, S.D. Illinois · May 23, 2022

To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right. Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995). … “The Eleventh Amendment grants states immunity from private suits in federal courts without their consent. An agency of the state receives this same immunity.” Nunez v. Ind.

Parris v. New York City Housing Authority

364 F. Supp. 3d 284 · District Court, S.D. Illinois · Feb 26, 2019

Parris alleges that Laval subsequently violated the terms of the conciliation agreement by, among other things, denying him a promotion for which he was qualified. … Fourthly, Parris argues that the Complaint adequately alleges the requisite elements for defamation and defamation per se claims by "clearly articulat[ing] the time, place and manner [of the statements], and also alleg[ing

Moore v. DCFS Child and Family Services

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

. § 1915(e)(2) 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 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Clearly, Moore does not provide enough (or any) specific facts of the conduct by Boyd or Jansen that amounts to a violation of his constitutional rights.

Seven-Up Company v. O-So Grape Co.

179 F. Supp. 167 · District Court, S.D. Illinois · Nov 18, 1959

That fact alone is enough to support a conclusion that this is not a proper case for invocation of the procedures established by Section 1292(b). … By its order, in a suit by a seaman for damages for personal injuries against Panama, a corporation which was wholly owned by the United States, the court denied Panama’s claim of sov *176 ereign immunity from suit, holding

Smith v. Monti

District Court, S.D. Illinois · Jul 19, 2021

Two elements are required to establish a constitutional violation. … The second element requires establishing a defendant's culpable state of mind; that is, deliberate indifference to a substantial risk of serious harm to the inmate from those conditions.

Dibble v. Wexford Health Sources, Inc.

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

Any portion of the First Amended 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). … The Court notes that Plaintiff may still obtain relief against Wexford if he can establish that the alleged constitutional violation(s) were caused by an unconstitutional policy, practice, or custom maintained

Algee v. BA Credit Card Funding, LLC

District Court, S.D. Illinois · Feb 5, 2024

an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … The amended complaint should clearly articulate the claim for relief, the grounds on which it is alleged, and the law which applies. IT IS SO ORDERED.

Torres v. Wexford Health Sources Incorporated

District Court, S.D. Illinois · Aug 1, 2023

Based on this finding, Page 6 of 10 the Court need not consider Skidmore’s additional arguments, including qualified immunity. … Indeed, the record establishes the opposite regarding Skidmore and Menard staff generally.

Doe ex rel. Smith v. Sobeck

941 F. Supp. 2d 1018 · District Court, S.D. Illinois · Apr 18, 2013

Sobeck and Broskie As for the individual defendants Sobeck and Broskie, who are clearly subject to the IGVA as individuals, they argue that the plaintiffs have not pled facts plausibly suggesting they violated the IGVA. … The allegations establish that Doe left the program because the environment there did not protect her from rape.

Local 1180, Commc'ns Workers of Am. v. City of N.Y.

392 F. Supp. 3d 361 · District Court, S.D. Illinois · Aug 7, 2019

In addition, Plaintiffs "must qualify under one of three criteria set forth in Rule 23(b)." Marisol v. Giuliani , 126 F.3d 372 , 376 (2d Cir. 1997). … "What constitutes a reasonable fee is properly committed to the sound discretion of the district court ... and will not be overturned absent an abuse of discretion, such as a mistake of law or a clearly erroneous factual