Case law

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.

Cincinnati Insurance v. Taylor-Morley, Inc.

556 F. Supp. 2d 908 · District Court, S.D. Illinois · Mar 25, 2008

If the complaint “alleges facts within the coverage of the policy or potentially within the coverage of the policy, the duty to defend has been established.” Maryland Cas. Co. v. … Clearly, where there is no duty to defend, there will be no duty to indemnify. Meridian Sec. Ins. Co. v.

Bronx Independent Living v. Metropolitan Transp.

358 F. Supp. 3d 324 · District Court, S.D. Illinois · Mar 5, 2019

The Court finds that Defendants' renewal project, which involved the replacement of the stairways at the Middletown Road Station, clearly met this condition. … Since these floors are where tickets are bought and trains are boarded, they clearly contain primary functions.

Eason v. Pritzker

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

When Menard started using the video phone serviced by Purple, 7 Defendant also contends that she is entitled to qualified immunity, an argument not supported by law. … Qualified immunity does not apply to official capacity suits. Wagoner v. Lemmon, 778 F.3d 586, 589-90 (7th Cir. 2015).

Bailey v. Pritzker

District Court, S.D. Illinois · Jun 29, 2020

Clearly, the crux of the instant dispute is the scope of the Governor’s power under the statutory scheme established by the Illinois legislature. … made under the qualified immunity doctrine.

Shawnee Trail Conservancy v. Nicholas

343 F. Supp. 2d 687 · District Court, S.D. Illinois · Jun 30, 2004

Because the APA does not waive the defendants’ sovereign immunity for cases asserting a violation of judicial mandates, the Court does not have jurisdiction to hear this claim. See FDIC v. … The administrative record clearly reflects that the Forest Service did not go through a decisionmaking process to abandon plans for the Cadiz travelway.

Slightom v. National Maintenance & Repair, Inc.

747 F. Supp. 2d 1032 · District Court, S.D. Illinois · Oct 14, 2010

This policy was established in order to create parameters regarding the acceptance and correction of doctor’s slips. … Slightom does not clearly state the major life activity at issue, although he suggests that it is working.

Bennett v. City of Centreville

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

The Illinois Supreme Court has outlined a twofold test for determining whether a municipality is entitled to discretionary immunity: The municipal defendant must establish … under the Tort Immunity Act.

Rose

District Court, S.D. Illinois · Jul 31, 2026

She alleges that she is a qualified individual with a disability, and that she was denied access to public services, including the zoning process. … The Local Governmental and Governmental Employees Tort Immunity Act makes public employees, like Arview and Snell, immune from liability for injuries caused by any failure to enforce the law. See 745 ILCS 10/2-202.

Justi

District Court, S.D. Illinois · Jan 6, 2026

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 … Plaintiff has some college education and has demonstrated an ability to clearly communicate with the Court and follow directions.

Young v. State of Illinois

District Court, S.D. Illinois · May 26, 2021

Sovereign citizen claims are summarily rejected because it has been clearly established that the laws of the United States apply to all persons within its borders, including the Petitioner. … Petitioner’s sovereign immunity claims therefore fail, and his Petition must be dismissed.

Ware v. Slunaker

District Court, S.D. Illinois · Apr 24, 2024

Furthermore, Defendants are entitled to qualified immunity on Plaintiff’s claims. … Plaintiff counters that Defendants are not entitled to qualified immunity and that he “was not allowed the toilet for over 2 hours as it was brought to defendants [sic] attention that he needed to use the toilet

New York v. U.S. Dep't of Commerce

345 F. Supp. 3d 444 · District Court, S.D. Illinois · Oct 26, 2018

First, the decisions of executive branch agencies are not immune from scrutiny by the federal courts; indeed, the APA expressly invites such scrutiny. See 5 U.S.C §§ 702, 705 ; *449 Sackett v. … And nothing in the Supreme Court's October 22, 2018 Order casts doubt on the well-established exception.

Adelante Ala. Worker Ctr. v. U.S. Dep't of Homeland Sec. & Office for Civil Rights & Civil Liberties

376 F. Supp. 3d 345 · District Court, S.D. Illinois · Mar 26, 2019

Dep't of State , 875 F.Supp.2d 37 , 46-47 (D.D.C. 2012) (finding that emails, which contained names, titles, offices, and phone numbers, qualified as similar files). … in a "clearly unwarranted invasion of personal privacy." 5 U.S.C. § 522 (b)(6).

Sec. & Exch. Comm'n v. Alderson

390 F. Supp. 3d 470 · District Court, S.D. Illinois · Jun 10, 2019

DVU's knowing acceptance of MarketCounsel's disavowal of any attorney-client relationship and any communications privilege establishes the baseline for their relationship. … "No special formality is required to demonstrate the establishment of the [attorney-client] relationship." ProThera, Inc. , 670 F. Supp. 2d at 210 .

In re Motors Liquidation Co.

590 B.R. 39 · District Court, S.D. Illinois · May 29, 2018

It is well established that "[a] pleading prepared by an attorney is an admission by one presumptively authorized to speak for his principal." *56 Kunglig Jarnvagsstyrelsen v. … General Motors Corp. , 110 F.3d 337 , 340 (6th Cir. 1997) ("In order to qualify as judicial admissions, an attorney's statements must be deliberate, clear and unambiguous.").

Off v. United States

35 F.2d 222 · District Court, S.D. Illinois · Jul 29, 1929

This paragraph which seeks to broaden the well-established rule was purely the personal view of the learned judge who wrote the opinion. … That paragraph is clearly an attempt to liberally construe the statute in question in the interests of the government.

Seife v. U.S. Dep't of State

298 F. Supp. 3d 592 · District Court, S.D. Illinois · Mar 24, 2018

in a "clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552 (b)(6). … These assertions, however, do not establish that any interference with the officials' ability to perform their jobs also results in a "clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552 (b)(6).

Cunningham v. Falmier

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

At his deposition, Plaintiff clearly stated that Defendant Carie was not involved in any of the alleged retaliatory conduct. … Finally, the Court notes it need not consider whether summary judgment is appropriate based on qualified immunity as to Defendants Carie, Simms, Bruner, Sanders, and Tanner as it has found they did not violate Plaintiff

Pruiett v. United States

District Court, S.D. Illinois · Sep 19, 2024

U.S., 109 F.3d 1198, 1202 (7th Cir. 1997) (“Decisions such as these which require the balancing of safety and economics clearly fall within the discretionary function exception.”). … As to the VA’s chaperone policies, Defendant argues they are irrelevant to its knowledge of the need and opportunity to control Luchtefeld, there is no competent testimony from a qualified expert that shows they were