Case law

Sharp v. Jeffreys

District Court, S.D. Illinois · May 6, 2022

In his Amended Complaint he does now allege that he had books rejected due to them being over the weight limit and points to a memo establishing a policy of rejecting such materials over five pounds. … He also alleges that he had pictures which were clearly of satisfactory age models which were rejected as underaged.

Abuharba

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

Further, Defendants Lawson and McVey argue they are entitled to qualified immunity. Plaintiff counters that the evidence shows Defendants were deliberately indifferent to his serious medical needs. … immunity.

Miles v. Mitchell

District Court, S.D. Illinois · Mar 26, 2024

Miles also cites numerous statutes, stating that he qualifies as a disabled individual under the ADA and RA. He also cites to RFRA and RLUIPA. … 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”).

Maiden v. Harris

District Court, S.D. Illinois · Apr 27, 2020

To the extent that the claim did not fall within the reach of the Illinois State Lawsuit Immunity Act, the Court declined to exercise supplemental jurisdiction over the negligence claim after entering summary judgment on … A Rule 59(e) motion “is only proper when the movant presents newly discovered evidence . . . or if the movant points to evidence in the record that clearly establishes a manifest error of law or fact.” Burritt v.

Odyssey Marine Exploration, Inc. v. Mantola

333 F. Supp. 3d 292 · District Court, S.D. Illinois · Aug 8, 2018

First, a shipwreck is an instance of maritime peril, clearly within the bounds of a salvage award. … Or, it may establish that Odyssey did not contribute to the salvage of those 526 bars. Or, it may establish that Odyssey's salvage of the vessel facilitated the retrieval of the 526 silver bars.

McIntosh v. Thompson

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.

Dependable Sales & Serv., Inc. v. TrueCar, Inc.

311 F. Supp. 3d 653 · District Court, S.D. Illinois · May 9, 2018

He opines that TrueCar's promises of "no haggle" pricing and "guaranteed savings" were "clearly effective" in drawing customers to purchase new vehicle through TrueCar. (Anderson Rep. 31.) … If the item qualifies as a judicial document, the presumption of access may vary. Lugosch , 435 F.3d at 119 . Certain submissions directly affect adjudication, while others are irrelevant.

Britten v. Wills

District Court, S.D. Illinois · Apr 4, 2022

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). … The Allegations in Plaintiff’s Complaint do not clearly demonstrate that he will suffer irreparable harm before the defendants can be given notice and an opportunity to be heard.

Morrison v. YTB International, Inc.

641 F. Supp. 2d 768 · District Court, S.D. Illinois · Jun 5, 2009

For -example, an IMR/RTAwho sells three travel agencies to RTAs who become certified qualifies for reimbursement of that IMR/RTA’s initial one-time RTA fee. … Driver Risk Retention Group, Inc., 461 F.Supp.2d 768, 772 (S.D.Ill.2006), a requirement that clearly is satisfied in this case.

Kruger v. Lashbrook

District Court, S.D. Illinois · Aug 28, 2025

Defendants Milleur, McCaleb, and Matheny ask the Court to find that they are “shielded by the doctrine of qualified immunity….because…the record does not support the conclusion that [they] violated Plaintiff’s constitutional … For the same reasons that the Court finds a genuine issue of material fact exists in Count I against Defendants Milleur, McCaleb, and Matheny and in Count II against Defendant Milleur, their request for qualified immunity

In re Mylan N.V. Sec. Litig.

379 F. Supp. 3d 198 · District Court, S.D. Illinois · Mar 29, 2019

Furthermore, the remainder of the allegations in the Amended Complaint involving the Sanofi rebate scheme clearly portray the conduct as an antitrust violation. ( See, e.g. , Compl. ¶ 114.) … For that reason, a "negative characterization of already-public information" does not qualify. In re Omnicom Grp. , 597 F.3d at 512 .

Mackey v. Werlich

District Court, S.D. Illinois · Mar 20, 2024

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

Liberty Mut. Fire Ins. Co. v. Hamilton Ins. Co.

356 F. Supp. 3d 326 · District Court, S.D. Illinois · Dec 11, 2018

Unfortunately for Hamilton, it relies on a New York Court of Appeals decision that clearly cabins its reasoning to the terms of the particular insurance contracts at issue in that dispute. … It argues that this "[s]elf-insurance" does not qualify as "other insurance" that could be co-primary with coverage from Hamilton. ( Id. ).

Murry v. Moldenhauer

District Court, S.D. Illinois · Apr 29, 2025

As to Defendant Moldenhauer, however, Plaintiff has pled sufficient facts to establish a deliberate indifference claim. … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Sutton v. Illinois State Police

District Court, S.D. Illinois · Mar 28, 2025

Where an employer’s proffered nondiscriminatory reason for its employment decision is that it selected the most qualified candidate, evidence of the plaintiff’s competing qualifications does not establish evidence of pretext … “unless those differences are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.”

Davenport

District Court, S.D. Illinois · Dec 4, 2025

. § 1915A.1 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 … Plaintiff refers to unnamed individuals in the Complaint, but he does not clearly identify which individuals he is intending to sue and for which particular acts or omissions.

Davenport

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

fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). … Mar. 31, 2017) (over 300 days in segregation did not constitute an atypical hardship despite disruptions from other inmates and constant noise, particularly because plaintiff did not clearly establish any significant

Franklin v. Madison County 911 System

District Court, S.D. Illinois · May 6, 2020

The district court may deny an otherwise qualified plaintiff leave to proceed IFP and dismiss a case, if the action does not survive review under 28 U.S.C. § 1915(e)(2). … Section 1915(e)(2) requires dismissal of a complaint, or any claim therein, that is clearly frivolous or malicious, fails to state a claim for relief, or seeks money damages from an immune defendant. Lucien v.

McPherson v. SCHOOL DIST. NO. 186, SPRINGFIELD ILL.

426 F. Supp. 173 · District Court, S.D. Illinois · Dec 7, 1976

Each plan has parts that are clearly superi- or to equivalent parts of the other proposed plans. … The evidence presented clearly shows that at least on the level of certified staff the defendants are seriously pursuing this goal.

McKinnon v. Big Muddy River Correctional Center

District Court, S.D. Illinois · Apr 13, 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). … McKinnon’s description of his significant and persistent shoulder and back pain is sufficient at this stage to qualify as an objectively serious medical condition.