Case law

Coffey v. United States

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

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 … Therefore, to the extent that this case can be construed as a refund action, Coffey still has not alleged sufficient facts to establish that this Court has subject matter jurisdiction to decide the claim.

Kindle v. Eisert

District Court, S.D. Illinois · Jan 15, 2025

Under Section 1915(e)(2), the Court must screen the Amended Complaint and dismiss it 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 … Clearly, Kindle failed to provide any additional information or allegations as to the original defendants—Charlie Eisert, Will Stephens, and Lee Andra Bryant.

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

Jones v. United States

District Court, S.D. Illinois · Mar 31, 2021

PROC. 12(b)(1) and (b)(6) and based upon its sovereign immunity. (Doc. 26, 28). … Boos’s payments would be credited to Jones’s tax liabilities for 2003, 2004 and 2005; it clearly did not do away with any liabilities that he may have owed. This makes complete sense because Jones and Ms.

Munz v. David

District Court, S.D. Illinois · May 27, 2021

Dep't of Corr., 56 F.3d 785, 788 (7th Cir. 1995) (state Department of Corrections is immune from suit by virtue of Eleventh Amendment). … Count 1 An inmate pursuing an Eighth Amendment deliberate indifference claim must establish: (1) a serious medical condition (objective element); and (2) an official’

Lash v. Motwani

District Court, S.D. Illinois · Mar 31, 2021

FACTS As an initial matter, the undisputed facts in this case are not clearly laid out. … Absolute Immunity under the Illinois Tort Immunity Act The Illinois Tort Immunity Act immunizes local public entities and public employees from liability for certain types of medical negligence

Newell v. Chester Mental Health Center

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

Dep’t of Corr., 56 F.3d 785, 788 (7th Cir. 1995) (state Department of Corrections is immune from suit by virtue of Eleventh Amendment). … A pretrial detainee who brings a claim for inadequate medical care need only establish that the Defendant’s conduct was objectively unreasonable. See Miranda v. County of Lake, 900 F.3d 335, 352 (7th Cir. 2018).

Knowles-Carter v. Feyonce, Inc.

347 F. Supp. 3d 217 · District Court, S.D. Illinois · Sep 30, 2018

Defendants' mark could be considered a pun-it is clearly a reference to Plaintiff Beyoncé, but it is just as clearly a signifier of a specific relationship status. … Grottanelli , 164 F.3d 806 , 813 (2d Cir. 1999) (requiring that a trademark parody make some comment on the original work to qualify as parody).

Vandervelden v. United States

District Court, S.D. Illinois · Aug 30, 2021

First, the USA argues SLU bears the burden of establishing subject matter jurisdiction, yet Count II contains no basis for this Court’s jurisdiction. Second, the crossclaim arises from the TAA between the parties. … Here, however, the amount at issue is clearly more than $10,000.

Duran Johnson v. Wexford Health Sources, Inc., Anthony Wills, and Connie Dolce

District Court, S.D. Illinois · Nov 25, 2025

Plaintiff carries the burden on a Motion to Compel, but Defendants bear the burden of establishing the propriety of their objections. Zimmer Inc. v. … State all facts supporting your First Affirmative Defense, Qualified Immunity.

Ehrhart v. New York Life Ins. Co.

45 F.2d 804 · District Court, S.D. Illinois · Jul 12, 1929

Wheat was elected and qualified as trustee of the bankruptcy estate of Ehrhart. … Most of the policies of the present day have either a stipulated surrender value or an established value for a fixed amount which the companies will loan upon them at any given period.

United States ex rel. Grubea v. Rosicki, Rosicki & Assocs., P.C.

319 F. Supp. 3d 747 · District Court, S.D. Illinois · Aug 14, 2018

Memo. at 7, the two cases that Relator relies upon are clearly distinguishable. In Wight v. … To qualify as a ground for reconsideration, new evidence must have been "not previously available" to the movant. Almaty, Kaz. v. Ablyazov , No. 15-cv-5345, 2017 U.S. Dist. LEXIS 138231 , at *8 (S.D.N.Y. Aug. 7, 2017).

Bonner v. Stover

District Court, S.D. Illinois · Sep 19, 2019

The Supreme Court has not clearly defined the elements of a constitutionally adequate civil detainee treatment program. … Plaintiff adequately pleads that he is a qualified individual who is not receiving the benefit of treatment due to his learning disabilities.

Regions Bank v. USA

District Court, S.D. Illinois · Dec 11, 2020

The affidavit must state that the plaintiff’s attorney has consulted with a qualified health professional and that the health professional believes that the claim has merit. Id. … The report must clearly identify the reviewing health professional’s reasons for coming to that conclusion. Id.

Harris

District Court, S.D. Illinois · Sep 14, 2026

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). … Finally, based on the allegations in the Complaint, the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Thompson v. Army and Air Force Exchange Service

District Court, S.D. Illinois · Jun 29, 2023

Under Rule 59(e), the Court may alter or amend its judgment if the movant “clearly establish[es] (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence precluded entry of judgment … However, even if a colorable defense is required for a federal agency to remove under § 1442, AAFES asserted sovereign immunity and lack of standing.

Reeves v. City of Yonkers

348 F. Supp. 3d 264 · District Court, S.D. Illinois · Dec 17, 2018

Clearly you are letting me know that you couldn't care less about my health only what seems to be a life or death matter to you in this political arena .... … The record in this case clearly demonstrates that Plaintiff could, and did, "engage in tasks for which partisan or ideological affiliation likely affects performance." Id.

Harris

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

Under Section 1915A, any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from a defendant who by law is immune from such relief … As for the second subjective component, where “the harm at issue is a suicide or attempted suicide” Plaintiff must plead facts establishing that each Defendant “(1) subjectively knew [he] was at substantial risk of committing

Anderson v. Thole

District Court, S.D. Illinois · May 6, 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. § 1915A(b). … Through his pleadings and filings, Plaintiff has demonstrated that he has the ability to articulate clearly and effectively on his own behalf.

Turner v. Granite City Illinois Hospital Company, LLC

District Court, S.D. Illinois · Feb 18, 2021

Though similar, the FSHCAA is in addition to and distinct from the Westfall Act, which provides a limited waiver of the sovereign immunity of the United States in cases concerning federal employees. … Defendant Merritt is an OBGYN, qualifying for this exception.