Case law

Fabian-Lopez v. Wexford Health Sources, Inc.

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

The affidavit must identify the profession of the reviewing medical professional and must include a copy of the written report, “clearly identifying the plaintiff and the reasons for the reviewing health professional’s … As for the specificity of Slivnick’s statements regarding treatment at University of Illinois Hospital, he states clearly at the start of his statement (Doc. 10 at 98) that the records he reviewed were those of Bianco.

Pena v. United States

355 F. Supp. 3d 174 · District Court, S.D. Illinois · Feb 12, 2019

However, "some objective evidence other than defendant's assertions [is required] to establish prejudice." Pham v. United States , 317 F.3d 178 , 182 (2d Cir. 2003). … While Cannick himself may not have interviewed Vargas, he clearly pursued this possible defense through his qualified investigator.

Wachter v. Jeffries

District Court, S.D. Illinois · Mar 4, 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 … To establish a violation of the ADA, a plaintiff must prove “[1] that he is a ‘qualified individual with a disability, [2] that he was denied the benefits of the services, programs, or activities of a public entity or

Hylton v. J.P. Morgan Chase Bank, N.A.

338 F. Supp. 3d 263 · District Court, S.D. Illinois · Sep 19, 2018

Analysis Here, the first and the fourth requirements for application of the Rooker-Feldman doctrine are clearly met. … Accordingly, the judgment in the Foreclosure Action qualifies as a valid, final, and on-the-merits judgment.

Regenlab U.S. LLC v. Estar Techs. Ltd.

335 F. Supp. 3d 526 · District Court, S.D. Illinois · Aug 15, 2018

Here, Estar's actions were clearly a direct cause of the injury, and thus satisfy the former standard. Whether they were the proximate cause is less clear. … For instance, a regional territory manager in the Rochester, New York area must "[i]dentify and qualify prospective customers, demonstrate company products and establish new business" and "develop and maintain local luminaries

French v. Warden

District Court, S.D. Illinois · Apr 3, 2025

McDonald, 617 F. 3d 931, 939 (7th Cir. 2010) (“inherently subjective discretionary governmental decisions may be immune from class-of-one claims”) (citing Engquist v. … Because Plaintiff alleges that he was exposed to human waste and unsanitary conditions, which may have impacted his health, the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the

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).

Gibson

District Court, S.D. Illinois · Aug 14, 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 … 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

Meakens v. Jennings

District Court, S.D. Illinois · Oct 18, 2024

Plaintiff alleges the burden was then with the IDOC to correctly compute his sentence properly, which would have established that he was eligible for immediate release in April of 2024. … Analysis Meakens has clearly and unequivocally filed this action as an application for writ of mandamus. (Doc. 7 at 1).

Cook v. Green Tree Servicing, LLC

154 F. Supp. 3d 742 · District Court, S.D. Illinois · Jan 5, 2016

The issue in Ruth was whether extrinsic evidence of what the unsophisticated consumer might think was necessary to establish the “in connection with” element and the court held that, “It need not be established by extrinsic … As ■ such, there is no evidence to support that “foreclosure” was a “threat” that Green Tree did not intended to be taken — or a “threat” of action that Green Tree could *751 not legally take since Plaintiffs were clearly

Rosa v. Hughes

District Court, S.D. Illinois · May 27, 2025

The warden was clearly aware of his chronic back problem and made the decision to turn a blind eye to it. Id. IDOC Acting Director Latoya Hughes exhibited deliberate indifference to Plaintiff’s chronic back pain. … The Clerk’s Office is DIRECTED to ENTER the standard qualified protective order under the Health Insurance Portability and Accountability Act and TERMINATE Defendants WEXFORD HEALTH CARE SERVICE, ALLISON HARGIS

Rose

District Court, S.D. Illinois · Jan 15, 2026

Fact 8: That “established Illinois precedent” requires venue-related motions to take “procedural priority” over other motions. … Fact 11: That the City of West Frankfort admitted Rose’s factual allegations but claimed immunity even if the conduct was willful and wanton.

Gogins v. Jeffreys

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

Plaintiff has not clearly described the personal actions of each individual defendant. … To state a valid § 1983 claim, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right. Gentry v. Duckworth, 65 F.3d 555, 561 (7th Cir. 1995).

Hernandez v. Monti

District Court, S.D. Illinois · Feb 27, 2025

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 … For non-medical prison officials, such as administrators, an inmate may establish a claim of deliberate indifference if he can demonstrate that an official recklessly turned a blind eye to his serious medical need, or otherwise

Daul v. HSHS Holy Family Hospital, Inc.

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

The written report must clearly identify “the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists[.]” 735 ILCS 5/2–622 (a)(1). … Daul’s certificate of merit indicates that a qualified physician, Dr.

Officer v. Abell

District Court, S.D. Illinois · Jun 12, 2025

. § 1915(e)(2) and 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. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … The Complaint also does not establish a basis for diversity jurisdiction.

Chavez v. Occidental Chem. Corp.

300 F. Supp. 3d 517 · District Court, S.D. Illinois · Jan 10, 2018

Applying this standard, the Court holds that Judge Lake's two 1995 orders did not clearly disallow class status. … Betances, 144 F.Supp.3d at 457-58 (applying American Pipe tolling notwithstanding prior dismissals on qualified immunity grounds, including one denying class certification motion as moot; "[b]ecause the appropriateness of

Zepeda

District Court, S.D. Illinois · Aug 4, 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 … 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

Oliver v. USA

District Court, S.D. Illinois · Oct 19, 2021

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 … Oliver contends that a hearing was scheduled without his presence and that the default judgment was rendered without the state court establishing personal jurisdiction over him.

Lefler v. Illinois

District Court, S.D. Illinois · May 9, 2023

A court can deny a qualified plaintiff leave to file IFP or can dismiss a 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 … The Court further finds that the action is not clearly frivolous or malicious and does not fail to state a claim.