Case law

Herrington v. Bradford

District Court, S.D. Illinois · Mar 28, 2022

As such, he argues that he is immune from suit as each of the claims are barred by sovereign immunity and the Eleventh Amendment. … As such, ISP argues that it is immune from suit as each claim is barred by sovereign immunity and the Eleventh Amendment.

Hoskins v. Swisher

District Court, S.D. Illinois · Oct 5, 2023

Additionally, the Court found that defendants were entitled to qualified immunity (Id.). On August 22, 2023, Plaintiff filed a Motion to Reconsider the summary judgment in this case (Doc. 171). … To prevail on a motion for reconsideration under Rule 59, the movant must present either newly discovered evidence or establish a manifest error of law or fact. LB Credit Corp. v.

Robinson v. Brookhart

District Court, S.D. Illinois · Jun 18, 2024

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 … Count 1 To successfully plead an Eighth Amendment conditions of confinement claim, a plaintiff must establish that: (1) the conditions objectively posed a substantial risk of serious

Arna

District Court, S.D. Illinois · Apr 17, 2026

His legs were clearly swollen, and Arna alleges that Hart should have been able to tell from his walk that his legs were swollen (Id.). … Because Arna’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Trainauskas v. Fralicker

District Court, S.D. Illinois · Mar 29, 2021

Qualified Immunity Defendants claim that they are entitled to qualified immunity on all counts. … to have been violated was clearly established.

Gause v. HUD

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

. § 1915(e)(2) 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. § 1915(e)(2)(B); see also Hoskins v. … Co., 698 F.3d 587, 598 (7th Cir. 2012) (“To prevail on a Rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence

Denicolo v. Bd. of Educ. of N.Y.

328 F. Supp. 3d 204 · District Court, S.D. Illinois · Sep 14, 2018

"Under New York law, collateral estoppel 'precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party ... whether or not … These reprimands and negative performance evaluations qualify as adverse actions under the RA and NYSHRL. 6 *214 The plaintiff has also sufficiently pleaded the fourth element, causation.

Jordan v. Barwick

District Court, S.D. Illinois · Sep 10, 2024

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). … He seeks injunctive relief to be immediately sent to a specialist qualified to diagnose and treat his throat pain and stomach issues, and money damages (Doc. 1, p. 20; Doc. 2).

Mosher v. State of Illinois

District Court, S.D. Illinois · Mar 31, 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 … Fourth Amendment (42 U.S.C. § 1983) Removing C.J. from his home and parents and taking him into someone else’s custody qualified as a seizure, and therefore raises a potential Fourth Amendment violation

A.V.E.L.A., Inc. v. Estate Of Marilyn Monroe, LLC

364 F. Supp. 3d 291 · District Court, S.D. Illinois · Jan 30, 2019

The cited examples of generic marks - shampoo, automobile, and aspirin - are terms that clearly indicate a type of item rather than a source or producer. … With discovery now closed and a factual record established, the Court finds nothing to suggest that the AVELA Parties can establish that the marks are generic.

Shabazz v. Boose

District Court, S.D. Illinois · Jun 17, 2024

Any portion of a complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money damages from a defendant who by law is immune from such relief must be dismissed … Jan. 15, 2013) (stating “the right of a prisoner or detainee to be free from sexual harassment” is clearly established, including the right “not to be groped for sexual reasons”).

United States v. Parcel I, Beginning at a Stake

731 F. Supp. 1348 · District Court, S.D. Illinois · Feb 7, 1990

The broad interest in deterring drug dealing will be established whether or not the seizure occurs before or after an adversarial proceeding. … Many courts have recognized that the illegal seizure of property, standing alone, will not immunize the property from forfeiture so long as impermissibly obtained evidence is not used in the forfeiture proceeding.

Weems Utley v. River City

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

Under § 1915(e)(2), the Court must also screen the indigent plaintiff’s complaint 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 … She does not allege any facts establishing a basis for suing River City. Further, she provides no factual information that demonstrates which rights of hers, if any, were violated by River City.

Jonathon D. Carver v. Christine Burns-Hines, Bennie Vick, and Christopher Ray

District Court, S.D. Illinois · Jan 7, 2026

A plaintiff can plead himself out of court with factual allegations clearly establishing that he is not entitled to relief as a matter of law. Id. (citing Hollander v. Brown, 457 F.3d 688, 691 n. 1 (7th Cir. 2006)). … Plaintiff’s allegations clearly show that Plaintiff’s § 1983 Complaint was filed well beyond the 2-year limitations period. Plaintiff has pleaded himself out of court.

Bennett

District Court, S.D. Illinois · Jul 17, 2026

He argues that Austin was not qualified to make that determination because Austin is not a medical professional. … Plaintiff does not clearly describe the medical condition for which he saw Criss, so the Court cannot assess the seriousness of his medical condition.

Rotberg v. Jos. A. Bank Clothiers, Inc.

345 F. Supp. 3d 466 · District Court, S.D. Illinois · Nov 5, 2018

A plaintiff bears the burden of establishing its standing by a preponderance of the evidence. See Makarova , 201 F.3d at 113 . … Rotberg clearly alleges in the [First Amended Complaint] that it was." (Dkt. No. 46 at 4.) Not so.

Donaldson v. Pharmacia Pension Plan

435 F. Supp. 2d 853 · District Court, S.D. Illinois · Jun 14, 2006

Plaintiffs allege that, under the terms of the Plan, a Cash Balance Account (“CBA”) is established on behalf of each Plan participant. See Complaint ¶ 30. … equitable lien established by agreement.

Blair-El v. Tinsman

666 F. Supp. 1218 · District Court, S.D. Illinois · Jul 31, 1987

Clearly, in the events of this case, time was critical. The officials had little time to negotiate — the disturbance had to be ended. … However, both Sections I and II are qualified in their applications. Section I recognizes that the requirement of contacting the medical staff attaches “unless the situation requires immediate action."

Courtney v. Godinez

District Court, S.D. Illinois · Aug 16, 2021

On December 9, 2019, Defendants answered the Complaint and asserted Qualified Immunity, Absolute Immunity, Sovereign Immunity, and the Statute of Limitations as affirmative defenses. (Doc. 80). … This is so well established that Courtney’s suggestion to the contrary is disingenuous. See United States v. Haymond, 139 S.

Pre-Fab Transit Co. v. United States

262 F. Supp. 1009 · District Court, S.D. Illinois · Jan 23, 1967

(Whitehouse) in their individual tariffs proposed to establish rates on, among others, portable buildings, to become effective September 20, 1965. Mobile Housing Carriers Conference, Inc. … There is no question but that these men were highly qualified in their respective fields.