Case law

Glen

District Court, S.D. Illinois · Nov 17, 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 … Plaintiff has some high school education and has demonstrated an ability to clearly communicate with the Court and follow directions.

Clay v. American Tobacco Co.

188 F.R.D. 483 · District Court, S.D. Illinois · Jul 9, 1999

Given these staggering figures, the numerosity requirement is clearly met. *491 B. … Therefore, “[a] class is not fairly and adequately represented if class members have antagonistic or conflicting claims” or if class counsel is not sufficiently qualified to conduct the proposed litigation.

Miller v. Williams

District Court, S.D. Illinois · Jun 6, 2023

a controlled substance offense and his prior vehicular hijacking conviction did not qualify as a crime of violence for career offender purposes. … He clearly could have raised a Mathis categorical approach argument—like the successful arguments in Ruth and Borden—in his § 2255 motion with respect to both prior convictions, and he could have raised on appeal the district

Fischer v. Forrest

286 F. Supp. 3d 590 · District Court, S.D. Illinois · Feb 16, 2018

Fischer explains that he did not object earlier to receipt of Twete affidavit because he "felt all the affidavits [submitted] were ... clearly excludable under FRE 806," Pl. Obj. Reply at 3 (emphasis added). … He therefore cannot establish implied falsity by that route.

Brown v. State of Illinois

District Court, S.D. Illinois · Sep 25, 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). … letter informing Defendants Morris, Poteat, Martin, Crain, Lawrence, and Wills that without his medication Plaintiff self-harms and assaults others, “does not convey an imminent risk,” and is not sufficient to establish

Mason v. Unknown Party

District Court, S.D. Illinois · Jun 17, 2020

Not every letter from a law office or the court, however, qualifies as privileged legal communication to be opened in the presence of the inmate. See Guajardo-Palma, 622 F.3d at 805-806; Harrison 364 Fed. … Defendants also contend that they are entitled to summary judgment as Mason cannot establish personal liability as to any named Defendant and that they are entitled to qualified immunity.

Rex & Roberta Ling Living Trust U/A December 6, 1990 v. B Commc'ns Ltd.

346 F. Supp. 3d 389 · District Court, S.D. Illinois · Sep 27, 2018

Here too, though, Elovitch-whose scienter can be imputed to BComm-is clearly alleged to have known that the Bezeq subcommittee was compromised. ( See Compl. ¶ 42.) … Accordingly, Plaintiffs have failed to provide any basis for concluding that the subjectively qualified certifications are in fact false. See In re Scottish Re Grp. Sec.

L.V.M. v. Lloyd

318 F. Supp. 3d 601 · District Court, S.D. Illinois · Jun 27, 2018

Most UAC, however, are released to family members and others (also known as sponsors) who are qualified to care for them. Id. ¶ 25. … For these reasons, the Court concludes that Plaintiffs have established the likelihood of success on their claims. iii.

Alvarez v. Staple

345 F. Supp. 3d 320 · District Court, S.D. Illinois · Oct 26, 2018

causal connection between her speech and the adverse action she alleges (denial of completion of her probation and consequent loss of her position as an acting interim principal); and (4) in any case, Staple is entitled to qualified … immunity.

Walton v. Bayer Corp.

692 F. Supp. 2d 1025 · District Court, S.D. Illinois · Feb 26, 2010

him under Illinois law was sufficient to establish fraudulent joinder). … In addition, as the Court has already discussed, in Illinois, pharmacies and pharmacists are immune from failure to warn claims.

Weis

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

Dairy allergy is a condition in which the immune system reacts to the proteins in milk and other dairy products. (Id.). People with a dairy allergy should avoid dairy foods. (Id.). … However, Weis fails to show that Blum had the culpable state of mind required to establish a claim of deliberate indifference.

Holyfield v. Williams

District Court, S.D. Illinois · Dec 17, 2024

The record clearly establishes that defense counsel discussed the option of filing an appeal with the movant several times after his sentencing and he elected not to appeal so that he could leave open the possibility … For a state law conviction to qualify as a basis for a sentence enhancement, the crime of conviction must be “the same as, or narrower than, the relevant generic offense.”3 Id.at 519.

Clay v. True

District Court, S.D. Illinois · Jun 4, 2020

Barr, 926 F.3d 343 (7th Cir. 2019), reh’g denied (Aug. 23, 2019), his Illinois drug convictions no longer qualify as prior felony drug offenses. … Here, Clay clearly proceeds from the faulty premise that the filing of a Section 851 notice subjected him to a mandatory life sentence.

Spano v. Boeing Co.

294 F.R.D. 114 · District Court, S.D. Illinois · Sep 19, 2013

Further, plaintiffs contend that their interests are clearly aligned with those of the other class members. … Thus, the Court finds that class counsel is adequate and that the law firm of Schlichter Bogard & Denton is qualified to proceed as class counsel for the administrative fee claim class, the mutual fund subclass, the small

Adams v. Warden

District Court, S.D. Illinois · Apr 24, 2023

The Court is required to screen and dismiss any portion of the Amended Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant. 28 U.S.C. … Plaintiff names IDOC Director Robert Jeffreys and Warden Anthony Wills as defendants but makes no allegations against them and asserts no claim against them based on their authority to establish, alter, or implement policies

Quilling v. United States

243 F. Supp. 2d 872 · District Court, S.D. Illinois · Dec 18, 2002

Double Jeopardy As for his double jeopardy claim, Petitioner’s counsel was clearly not ineffective for failing to seek a dismissal of the Indictment upon that basis. … Because the Court has found that Petitioner has failed to establish prejudice for his judicial misconduct claim, the Court need not address whether Petitioner has established cause for his failure to appeal this claim.

Bevely v. United States

District Court, S.D. Illinois · Mar 15, 2022

May 8, 2020) (denying ineffective assistance of counsel claim because defendant’s “prior aggravated battery conviction [under Illinois law] clearly qualified as a crime of violence for career offender purposes, and the … That is to say that he fails to establish that any of his asserted grounds for relief are original, unique rights, raised for the first time in his case.

Shari Murphy v. Navient Solutions, LLC and Higher Education Loan Authority of the State of Missouri

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

However, as explained above, whether MOHELA is an arm of the state of Missouri for all purposes (including diversity jurisdiction) is far from clearly established. Supra note 2. … Because it was not clearly established that removal jurisdiction under 28 U.S.C. § 1441 was absent, the untimeliness of MOHELA’s removal was a mere procedural defect and cannot justify an award of costs and fees under

Pace v. USP Marion

District Court, S.D. Illinois · Jul 27, 2023

Warden Sproul was aware of Pace’s complaints about these conditions, but the warden took no steps to ameliorate them because his goal was to establish herd immunity among the inmate population. (Id. at 4-6). … The moving party has the burden of establishing that no material facts are genuinely disputed. Lawrence v. Kenosha Cty., 391 F.3d 837, 841 (7th Cir. 2004).

Harris v. Illinois Department of Corrections (IDOC)

District Court, S.D. Illinois · Jan 2, 2025

P. 56(e) on the party opposing summary judgment to identify specific facts that establish a genuine issue for trial.” Id. … tear, along with stripping of the central insertional fibers of the tendon as its patellar attachment, and with intact fibers clearly identified. Dr.