Case law

Giles v. Wyeth, Inc.

500 F. Supp. 2d 1063 · District Court, S.D. Illinois · Jun 20, 2007

The Supreme Court of Illinois has not spoken on this issue clearly. … Clearly, his testimony is sufficient to create a jury question as to whether he would have changed his conduct in light of the warning.

Alvarez v. Thompson

District Court, S.D. Illinois · Mar 1, 2023

Alternatively, Defendants argue they are entitled to qualified immunity. … immunity argument. 5 Plaintiff testified as to the following: Question: Okay.

Oats v. Wills

District Court, S.D. Illinois · May 2, 2024

As no qualified medical provider was on the premises, Reva called Defendant Nurse Practitioner Moldenhauer for instructions. … Here, Plaintiff clearly had an objectively serious medical condition – a stab wound that required stitches. Moldenhauer arrived to provide this care approximately an hour after he was summoned.

Anderson v. Walmart Supercenter Store 0361

District Court, S.D. Illinois · Apr 21, 2022

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 … Since Anderson does not provide facts establishing diversity of citizenship, the Court assumes she is pursuing a wrongful termination claim under Title VII, which makes it unlawful for an employer “to discharge any individual

Todd v. Wexford Health Care

District Court, S.D. Illinois · Apr 20, 2020

Finally, the Court finds that Defendants Fisher and Harris are not entitled to qualified immunity. … In 2014, it was clearly established that inmates had a right to a medically appropriate diet, including those with diabetes. See Sellers v.

Davis v. N.Y.C. Hous. Auth.

379 F. Supp. 3d 237 · District Court, S.D. Illinois · Mar 29, 2019

Pa. 2014) ("[ Section 1437(a) ] clearly speaks in terms of general policy, and it has consistently been held not to create a private right."); Green v. … The contractual right created by Congress, which plaintiffs sought to enforce in Wright , was unambiguously established by the statutory provision on its face.

Van Hook v. Collins

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

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 … The Court assumes Plaintiff is referring to the dismissal of a federal civil lawsuit for reasons which would qualify as a strike under 28 U.S.C. §1915(g).

Toledo, P. & W. R. R. v. Stover

60 F. Supp. 587 · District Court, S.D. Illinois · May 19, 1945

It could not logically be contended that if the President had, under a claimed right under the Priorities and Allocations Act, appointed some individual who did not qualify as a department, agency or officer of the Government … And in case of an injury threatened by his illegal action, the officer cannot claim immunity from injunction process.

Polansky v. Kelly

856 F. Supp. 2d 962 · District Court, S.D. Illinois · Mar 6, 2012

On May 22, 1998, prior to some qualifying rounds, the racetrack was being circled by several tow trucks traveling between 55 to 70 miles in order to dry the track, a standard practice in the auto racing industry. … Plaintiff not only competed but also clearly participated in any way in the race and was permitted to enter a restricted area.

Rose

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

Hill’s emails violate Rule 11 because they “serve no substantial legal purpose and are clearly designed to harass, burden, and intimidate [her].” … Instead, pursuant to SDIL-LR 83.2(a)(2), this Court has adopted the Rules of Professional Conduct established by the Supreme Court of Illinois.

Wagley

District Court, S.D. Illinois · Jan 12, 2026

He also filed supporting documentation to establish his indigence and to request counsel. There is nothing for Plaintiff to do until all Defendants appear and answer the Complaint. … Because this claim involves physical injuries that necessitated medical treatment, the Clerk’s Office is DIRECTED to ENTER the standard HIPAA-Qualified Protective Order.

Rivers

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

Rivers showed Walton his finger that was clearly out of place, but she ignored his concerns. He was taken back to a cell without medical treatment (Id.). … Because the claims in this case involve medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

In re Namenda Direct Purchaser Antitrust Litig.

331 F. Supp. 3d 152 · District Court, S.D. Illinois · Aug 2, 2018

DeLeon's credentials certainly qualify her to offer an opinion on this question. … Class counsel must be "qualified, experienced, and generally able to conduct the litigation."

Alexander v. Possible Prods., Inc.

336 F. Supp. 3d 187 · District Court, S.D. Illinois · Oct 4, 2018

The non-discrimination provisions of the CBA, however, clearly exempt discrimination claims from the CBA's arbitration provisions. ( See CBA § 59(d) ("the matters in this Section are not subject to the provisions of Section … Under the first prong, "[a]n employee's complaint may qualify as protected activity, satisfying the first element of this test, 'so long as the employee has a good faith, reasonable belief that the underlying challenged actions

Garner v. Burrell

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

Complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests money damages from an immune defendant must be dismissed. See 28 U.S.C. § 1915A(b). … Finally, 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.

Stevenson v. Taylor

District Court, S.D. Illinois · Mar 30, 2023

To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right. See Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995). … He writes clearly and presents relevant issues such that he appears competent to litigate this case at this time. Plaintiff’s motion for recruitment of counsel (Doc. 6) is therefore DENIED without prejudice.

Huckabee

District Court, S.D. Illinois · Mar 30, 2026

A court may deny a qualified plaintiff leave to file IFP and dismiss the case if 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 … Finally, 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.

Luedtke

District Court, S.D. Illinois · Feb 11, 2026

be granted only if a party can “clearly establish” either newly discovered evidence or a manifest error of law or fact warranting relief. Harrington v. City of Chicago, 433 F.3d 542, 546 (7th Cir. 2006). … In Brown, the petitioner argued he should not have been sentenced as a career offender because one of his prior convictions no longer qualified as a crime of violence under U.S.S.G. § 4B1.1. Brown, 719 F.3d at 586.

Shirley

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

Kennedy and recommended that Plaintiff should again be determined as Not Medically Qualified. (Id., pgs. 206-07). … The standard required Defendant to “establish that the [Plaintiff’s] medical condition prevents him from being able to safely and efficiently perform core duties of his position.” (Id.).

Addison v. Morgan

District Court, S.D. Illinois · Aug 26, 2022

He further asserts that he is protected from liability by the doctrine of qualified immunity. (Doc. 51, pp. 15-18). … Thus, it is premature at this juncture to decide whether Johnson may be shielded by qualified immunity for his actions. See Smith v. Finkley, 10 F.4th 725, 742 (7th Cir. 2021).