Case law

Senior Health Ins. Co. of Pa. v. Beechwood Re Ltd.

345 F. Supp. 3d 515 · District Court, S.D. Illinois · Dec 6, 2018

The creation of such a deceptive scheme clearly satisfies the requirements of the special facts doctrine, and thereby imposes a duty to disclose. … SHIP alleges several "misrepresentation[s] of present facts" that could qualify as independently actionable frauds.

Sec. & Exch. Comm'n v. Yorkville Advisors, LLC

305 F. Supp. 3d 486 · District Court, S.D. Illinois · Mar 29, 2018

But in reaching these conclusions, Berenblut did not apply any established methodology. … Such a declaration does not qualify as evidence on a motion for summary judgment. See Sterling Fin. Serv's. Co., v.

Murphy v. Hughes

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

These injuries appear to qualify as serious medical conditions. … Here, Plaintiff has not established any efforts made to obtain counsel on his own. He states he has written to multiple attorneys, but he does not attach any correspondence to his motion.

Champ v. Chester License Facility

District Court, S.D. Illinois · Sep 19, 2023

Morris and Forcum also argue they are entitled to qualified immunity (Doc. 170, pp. 15-16). … immunity (Doc. 170, pp. 15-16).

Wilson v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Mar 17, 2022

The Court also must address the cursory argument brought by Defendants Moldenhauer, Ritz, Garcia, Trost, and Wexford that they are entitled to qualified immunity (Doc. 99 at 15). … Not only is this argument lacking in specificity and substance, but it is also futile as the Seventh Circuit has clearly stated that “private prison employees are barred for asserting qualified immunity from

Cunningham v. Johnson

District Court, S.D. Illinois · Jan 11, 2024

Because the Court finds Defendant did not violate Plaintiff’s constitutional rights, it need not consider the question of qualified immunity. … Because the Court finds Defendant did not violate Plaintiff’s constitutional rights, it need not consider the question of qualified immunity.

Smith v. Pappas

District Court, S.D. Illinois · May 18, 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. Accordingly, the Motion for Recruitment of Counsel (Doc. 3) is DENIED.

Einecker v. Williams

District Court, S.D. Illinois · Feb 10, 2022

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 … 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.

Robinson v. Merriman

District Court, S.D. Illinois · Jul 3, 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 … By stating that a group of medical providers harmed him without providing more, all a plaintiff has done is establish that there is a “sheer possibility” that someone in that group harmed him.

McIntosh v. Kelly

District Court, S.D. Illinois · Mar 16, 2020

Nor are any of their other arguments “clearly inconsistent” with their earlier position. … lanes, which were the product of the conspiracy, were meant to be interpreted by him as the probable cause for a legal seizure (Id., p. 8); and that he “did in-fact rely on all the representations as establishing

Mays

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

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim. Id. § 1915(e)(2)(B)(i) & (ii). … Although Plaintiff alleges that his claims arise under three Illinois statutes, his complaint establishes that neither complete diversity nor the amount in controversy requirement is met.

Mayoral

District Court, S.D. Illinois · May 19, 2026

Any portion of a complaint that is legally frivolous, malicious, meritless, or asks for money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. § 1915A(b). … The RA likewise prohibits discrimination against qualified individuals based on a physical or mental disability. See 29 U.S.C. §§ 794-94e.

Berry v. Myers

District Court, S.D. Illinois · Aug 17, 2023

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). … Here, Plaintiff has not established any efforts made to obtain counsel on his own; he merely notes that counsel was recruited for him in his pending Northern District case.

Glaus v. Monroe County, Illinois

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

The Court is persuaded that the one-year statute of limitations in the Tort Immunity Act prevails. … However, the Complaint clearly states in Counts I (Fourteenth Amendment), III (ADA and RA), and IX (Eighth and Fourteenth Amendments/Indemnity) that Plaintiffs are “seeking damages on behalf of Decedent Joshua Glaus for

Billips v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · May 6, 2024

Mere receipt of a grievance from a prisoner, however, is insufficient to establish that a prison warden was personally involved in any deficient medical care provided to the prisoner. See Owens v. … The Clerk is further DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Carwyle v. Anna Hospital Corp.

102 F. Supp. 3d 1024 · District Court, S.D. Illinois · Apr 13, 2015

the protected group,” (2) “evidence, whether or not rigorously statistical, that similarly situated employees outside the protected class received systematically better treatment,” or (3) “evidence that the employee was qualified … Plaintiffs claim for emotional distress is clearly intricately linked to her sexual harassment claims, a claim established under the IHRA. As a result, the claim for IIED is preempted.

Sims

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

. § 1915(e)(2) and dismiss it if it is clearly frivolous or malicious, fails to state a claim on which relief may be granted, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see … However, even if Section 6050H does create a private right of action, Sims fails to allege any facts establishing a violation of that statute.

Phillips v. Metro Transit Agency

District Court, S.D. Illinois · Sep 23, 2021

Fact Concerts, Inc., 453 U.S. 247, 271 (1981); and Illinois tort suits, see Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”), 745 ILCS 10/2-102 (“a local public entity is not liable … Phillips was clearly able to recognize injuries to his legal rights, discern causal connections, initiate lawsuits, and comprehensibly describe his claims in pleadings.

Knight First Amendment Inst. At Columbia Univ. v. Trump

302 F. Supp. 3d 541 · District Court, S.D. Illinois · May 23, 2018

Dep't of Agric. , 795 F.3d 1148 , 1156 n.5 (9th Cir. 2015) ("Partial relief ... would qualify as redress for standing purposes." (citing Meese v. … Government Ownership or Control First, to potentially qualify as a forum, the space in question must be owned or controlled by the government.

Rogers v. Warden

District Court, S.D. Illinois · Nov 28, 2023

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. … The mere allegation that she should have investigated because she is the Director of IDOC is insufficient to establish her involvement in this matter.