Case law

CLIFFORD BAKER v. PERCY MYERS, CHRISTINE BROWN, and CHRISTEL CROW

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

They further argue they are entitled to qualified immunity. Plaintiff counters that the evidence shows Defendants Myers and Brown were deliberately indifferent to his serious medical needs. … immunity.

Lundy

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

To establish a conditions of confinement claim, an inmate must establish (1) a deprivation that is, from an objective standpoint, sufficiently serious that it results in the denial of the minimal civilized measure of life … Ultimately, he will need to establish a discrete physical harm to qualify for compensatory damages. See e.g., Gray v.

Cain v. Continental Tire

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

immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … While Cain’s allegations are not the model of clarity, the Court finds that his claim is not clearly frivolous.

Lepore v. Hartford Fire Ins. Co.

374 F. Supp. 3d 334 · District Court, S.D. Illinois · Mar 12, 2019

Analysis The Court considers whether coverage for the NL Suit is barred by the Policies' exclusions, rather than whether the allegations in that suit qualify for coverage in the first instance. … Such an interpretation would completely alter the duty to defend as established in the case law and as defined in the contract. Id.

Ellis v. Wexford Health Sources Inc

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

for establishing policies and practices that led to delays in Ellis’s diagnosis and treatment. … Because Ellis’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

D.W.K. v. Abbott Laboratories, Inc.

87 F. Supp. 3d 916 · District Court, S.D. Illinois · Feb 20, 2015

Plaintiffs argue that none of these label changes was voluntary and thus they do not qualify as a subsequent remedial measure. … The information contained in the Epilim label is clearly probative, and its value outweighs any prejudice to Abbott. 4.

Gonzalez v. City of N.Y.

377 F. Supp. 3d 273 · District Court, S.D. Illinois · Mar 28, 2019

Dist. , the Supreme Court held that "the express action at law provided by § 1983 for the deprivation of any rights, privileges, or immunities secured by the Constitution and law, provides the exclusive federal damages remedy … Court Officer Shield # 207 , 180 F.3d 409 , 418 (2d Cir. 1999) ("[T]he plaintiff's pleading need not clearly establish that the defendant *296 harbored retaliatory intent.

Gutierrez

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

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 … Two elements are required to establish a constitutional violation for conditions of confinement.

Lofquist v. Cecil

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

Plaintiff’s original and First Amended Complaints, and some of Defendants’ written discovery responses) does not reflect that summary judgment can be granted in favor of Defendant 1 Defendant Brookhart also raises the qualified … immunity issue, but her argument relies on the Court finding that she was not involved in the processing of Plaintiff’s mail.

Tsukerman v. Law Firm of Becker, Hoerner & Ysursa

District Court, S.D. Illinois · Jan 10, 2023

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 … As such, to proceed in federal court, Tsukerman must establish that the Court has subject matter jurisdiction, which is ordinarily accomplished through federal question jurisdiction under 28 U.S.C. § 1331 or diversity jurisdiction

Moore

District Court, S.D. Illinois · Feb 2, 2026

. § 1915A requires the Court to screen prisoner Complaints and dismiss any portion that is legally frivolous or malicious, fails to state a claim, or seeks money damages from a defendant who is immune from such relief. … Here, the allegations in the Complaint clearly show that Plaintiff filed suit outside of the allowable timeframe.

Rose v. Illinois Department of Corrections (IDOC)

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

The First Amendment to the United States Constitution provides that, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof[.]” U.S. CONST. AMEND. … Under the Eleventh Amendment, a state is immune from suits brought by individuals in federal court. See MCI Telecommunications Corp. v.

Jordan v. Gaye

District Court, S.D. Illinois · Feb 7, 2020

As such, the Court cannot grant summary judgment in her favor due to the disputes of material fact, nor can the Court conclusively find that no constitutional violation occurred and that Gay is entitled to qualified immunity … In his grievance, Jordan, whose handwriting is highly illegible as previously noted by the Court, clearly claims that Gay engaged in unprofessional conduct by having a physical and “psycho-sexual” relationship with him.

Eldridge v. City of Alton, Illinois

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

Under § 1915(e)(2), the Court must dismiss the action 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 … Part A provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity

Mosher

District Court, S.D. Illinois · Mar 9, 2026

They also challenge Plaintiff’s claims on their merits and raise the affirmative defense of absolute and qualified immunity. The Court will address each argument in turn. a. … conduct” that is protected under absolute immunity.

Krieger v. Singh

District Court, S.D. Illinois · Feb 21, 2025

Each order clearly explained the plaintiff’s pleading deficiency. … The Court will give her no more opportunities to amend her pleading to establish diversity jurisdiction.

Rivers v. Braun

District Court, S.D. Illinois · Feb 2, 2021

Any portion of the Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from a defendant who is immune from such relief 1 Plaintiff specifically seeks dental treatment … Unless Plaintiff can establish that he will return to the Jail and face a similar denial of dental care by these defendants, his request for injunctive relief against them would appear to be moot.

Campbell v. Pruitt

District Court, S.D. Illinois · Jan 9, 2025

When the allegations themselves establish a statute of limitations defense, the district court may dismiss the complaint. Id. … Plaintiff’s allegations clearly show that he filed his complaint well beyond the applicable limitations period.

Mejia

District Court, S.D. Illinois · May 13, 2026

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 … Because Mejia’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Harleysville Worcester Ins. Co. v. Wesco Ins. Co.

314 F. Supp. 3d 534 · District Court, S.D. Illinois · Mar 28, 2018

The Underlying Incident Qualifies as an "Accident" Wesco's first argument with respect to the definition of "accident" is unpersuasive. … established prejudice. * * * Having breached its duty to defend, "the burden is on the insurer to establish that the loss was not covered by the policy."