Case law

Hunt

District Court, S.D. Illinois · Oct 17, 2025

qualified to participate in the program in question, and (3) that he was either excluded from participating in or denied the benefit of that program based on his disability. Lacy v. … Because Hunt’s claims involve his mental healthcare, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

S.J.C. Illinois, LLC v. Village of East Cape Girardeau, IL

District Court, S.D. Illinois · Apr 25, 2022

variety of materials including, but not limited to, the text of the regulation or ordinance, any preamble or express legislative findings associated with it, and studies and information of which legislators were clearly … a violation of § 1983, the Plaintiff must prove that the Defendant acted under color of state law and that their conduct deprived Plaintiff of a right, privilege or immunity secured by the United States Constitution.”

Cook v. Illinois Department of Corrections

736 F. Supp. 2d 1190 · District Court, S.D. Illinois · Aug 30, 2010

Clearly, there are questions of fact as to whether Cook was performing the legitimate business expectations of the IDOC. … A plaintiff may establish a prima facie case of discrimination in a failure to promote case by presenting evidence that: 1) she is a member of a protected class; 2) she was qualified and applied for the position; 3) she did

Ruddock v. Mueller

District Court, S.D. Illinois · Dec 14, 2020

Lehman’s visitation rights for legitimate penological purposes, and (iv) Defendants are entitled to qualified immunity regarding Plaintiff’s Eighth Amendment claim. … In the past, Plaintiff has filed a motion to compel with respect to other matters (see Doc. 26), so he clearly knows how to file and litigate such motions.

Wilborn v. Siddiqui

District Court, S.D. Illinois · Nov 9, 2021

A Monell claim is established by showing “‘(1) an action pursuant to a municipal policy, (2) culpability, meaning that policymakers were deliberately indifferent to a known risk that the policy would lead to constitutional … 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.

Cortez v. Hughes

District Court, S.D. Illinois · May 8, 2025

That immunity extends to state agencies as well and, subject to the Ex Parte Young doctrine, to state employees acting in their official capacities. … Thus, he does not qualify for the only sort of remedy he might be eligible to receive from Hughes or Brookhart in their official capacities.

Acosta

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

. § 1915A, which requires this Court to screen the Complaint and dismiss any portion that is legally frivolous or malicious, fails to state a claim for relief, or seeks money damages from an immune defendant. … Plaintiff has failed to clearly demonstrate that he is entitled to this relief.

Loch v. BOARD OF EDUC. OF EDWARDSVILLE

573 F. Supp. 2d 1072 · District Court, S.D. Illinois · Jul 15, 2008

that the HO’s decision was clearly in error. … The third factor is established because there is no question that the District receives federal financial assistance.

Porsch v. LLR, Inc.

380 F. Supp. 3d 418 · District Court, S.D. Illinois · Apr 30, 2019

Where, as here, a case is at the pleading stage, the plaintiff must clearly allege facts demonstrating each element." Spokeo , 136 S. Ct. at 1547 (2016) (citation omitted). … "While tangible harms are most easily recognized as concrete injuries, Spokeo acknowledged that some intangible harms can also qualify as such." Id.

Allison v. Neal

District Court, S.D. Illinois · Jan 23, 2025

The Court shall 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. Id.; see also Hoskins v. … It is hard to imagine how the reopening of a state court action qualifies as a concrete injury in fact that could be redressed by this Court.

Ketsenburg v. True

District Court, S.D. Illinois · Jan 10, 2020

Plaintiff has sufficiently established his indigence. … Thus, the Court can 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

Turner v. Housing Authority of Jefferson County

188 F. Supp. 2d 1066 · District Court, S.D. Illinois · Jan 23, 2002

The Plaintiff has failed to establish a triable issue of fact as to the third and fourth elements of his prima facie case. First, the Plaintiff has not established that he suffered a tangible adverse employment action. … On the contrary, as noted above, the Plaintiffs Complaint clearly asserts a claim for retaliatory discharge, and the Plaintiff has never argued that he was fired simply because he is African-American.

Exxon Mobil Corp. v. Schneiderman

316 F. Supp. 3d 679 · District Court, S.D. Illinois · Mar 29, 2018

Harris , 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), and qualified immunity, for subsequent motion practice, if necessary. … Because Hartman and related Second Circuit cases address summary judgment and the qualified immunity analysis, they are not precisely on point, as Exxon points out.

Gerst

District Court, S.D. Illinois · Apr 21, 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 … Plaintiff asserts that his thumb is clearly damaged, and he continues to experience severe pain, pins and needles sensation, and very limited range of motion.

Townsend v. Doe 5

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

He alleges he loudly and clearly requested a crisis team, but despite awareness of his psychosis and prior mental health issues, staff ignored his pleas. … The Clerk is further DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Thompson

District Court, S.D. Illinois · Nov 18, 2025

In other words, to establish a statutory violation as an injury in fact, a plaintiff must identify how that violation harmed her. … At the pleading stage, as here, “the plaintiff must clearly .. . allege facts demonstrating each element” of standing. Dinerstein, 73 F Ath at 511 (quoting Spokeo, 578 U.S. at 338).

Ingram v. Hagen

161 F. Supp. 3d 639 · District Court, S.D. Illinois · Nov 19, 2015

Persons who own a business and have .operational control over significant aspects of the business’s functions, especially compensation, typically qualify as “employers” under the Act. Dole v. … Hagen does not dispute these facts — his response to Ingram’s motion doesn’t bother to respond to the point at all — and the facts Ingram has offered establish that Hagen is an employer.

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.

Walker v. Brookhart

District Court, S.D. Illinois · Feb 18, 2025

Humphrey, 512 U.S. 477 (1994), and they are entitled to qualified immunity, thus summary judgment should be granted in their favor (Docs. 40, 41). … In light of this conclusion, no discussion of the qualified immunity issue is necessary.

Shabazz v. Issacs

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

Clearly, neither complaint complies with Rule 8. To further complicate matters, Plaintiff requests the Court to read the complaints together as a single document. … has not demonstrated that he is indigent or otherwise qualifies for court-recruited counsel under 28 U.S.C. § 1915(g).