Case law

White v. United States of America

District Court, S.D. Illinois · Jun 17, 2021

Count 7: Medical Malpractice The FTCA is a limited waiver of the Government’s sovereign immunity. … Samuels’ conclusion is not even a grammatically correct sentence and is clearly missing one or more words, perhaps the names of the individuals believed to be negligent.

Tatum

District Court, S.D. Illinois · Aug 4, 2026

The RA likewise prohibits discrimination against qualified individuals based on a physical or mental disability. See 29 U.S.C. §§ 794-94e. … To establish a due process violation, Plaintiff would need to provide further information about the discipline, the process afforded, and the punishment he received.

Berger v. Xerox Retirement Income Guaranty Plan

231 F. Supp. 2d 804 · District Court, S.D. Illinois · Sep 30, 2002

The movant bears the burden of establishing the absence of fact issues and entitlement to judgment as a matter of law. Santaella v. Metro. Life Ins. … ERISA establishes minimum vesting standards for pension plans.

Holt v. Holt

District Court, S.D. Illinois · Dec 9, 2024

Under Section 1915(e)(2), the Court must screen the indigent plaintiff’s complaint and dismiss it if it is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant … As the Seventh Circuit recently explained, while “the natural temptation for losing parties to keep fighting and to look for new forums” is understandable, “it is well established that federal district and circuit courts

Neighbors v. Werlich

District Court, S.D. Illinois · Nov 18, 2020

Elder, 900 F.3d 491 (7th Cir. 2018), two of his Indiana convictions no longer qualify as convictions for prior felony drug offenses. … He was clearly convicted of possession of cocaine.

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).

Cornelius

District Court, S.D. Illinois · Aug 3, 2026

. § 1915A, which requires the Court to screen and dismiss portions that are legally frivolous or malicious, fail to state a claim for relief, or seek money damages from an immune defendant. Id. … A plaintiff can plead himself out of court with factual allegations that clearly establish he is not entitled to relief as a matter of law. Id. (citing Hollander v. Brown, 457 F.3d 688, 691 n. 1 (7th Cir. 2006)).

In re Mirena Ius Levonorgestrel-Related Prods. Liab. Litig.

341 F. Supp. 3d 213 · District Court, S.D. Illinois · Oct 24, 2018

However, the authors urged that "the risk of [IIH] with Mirena must be clearly conveyed to young women who are planning to use them." … Moyé relies, clearly stated that this evidence falls well short of establishing a causal relationship between Norplant and IIH.

Stern v. Lavender

319 F. Supp. 3d 650 · District Court, S.D. Illinois · Jul 20, 2018

Infringement Issues With Respect to the Last Sitting Photographs A plaintiff, to establish infringement, must next establish unauthorized copying with respect to a property interest protected by the copyright laws. … Plaintiffs' claim of copyright infringement in connection with the Lavenders' offer to sell Last Sitting photographs and Modified Prints was clearly colorable.

Luikhart v. Spurck

1 F. Supp. 53 · District Court, S.D. Illinois · Jul 26, 1932

recover the stockholder’s double liability in Nebraska, upon either or both of the preceding grounds indicated: (1) upon the basis that the law even before the 1930 constitutional amendment, by judicial interpretation, clearly … reasonably interpreted to *60 apply in such cases, inasmuch as no reason is now apparent why the Legislature should have meant to make any distinction between resident and nonresident stockholders by conferring a peculiar immunity

Khoury v. Williams

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

He or she may not file a “second or successive” Section 2255 motion unless a panel of the appropriate court of appeals certifies that such motion contains either (1) newly discovered evidence “sufficient to establish by … Clearly, Khoury can not satisfy the elements of the savings clause, thus his petition under § 2241 is barred pursuant to the plea agreement and waiver. C.

Hayes v. Williams

District Court, S.D. Illinois · Jan 11, 2021

The presentence investigation report, adopted by the Court, found that the defendant’s prior three state convictions qualified as controlled substance offenses. … He clearly could have raised this argument in a direct appeal or a § 2255 motion (had he not waived those rights).

Goldwater v. Alston & Bird

116 F.R.D. 342 · District Court, S.D. Illinois · Jun 29, 1987

The cases preferred by the parties clearly recognize however that the class action vehicle is an appropriate tool for the resolution of securities fraud cases and the Court believes the instant one to not be appreciably different … That situation notwithstanding, the Court finds that the proof required to establish these elements, for the most part, will be common to all plaintiffs.

Taylor v. Karimi

District Court, S.D. Illinois · Dec 16, 2019

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 must be dismissed … However, although he is clearly aware, he failed to advise the Court that he has received over three strikes under Section 1915(g).

Maurice Jackson v. Good Samaritan Hospital, Warden Crow, John/Jane Doe 1, John/Jane Doe 2, and Blake A. Bruton

District Court, S.D. Illinois · Jul 20, 2026

. § 1915A, which requires this Court to screen and dismiss any portion that is legally frivolous or malicious, fails to state a claim for relief, or seeks money damages from an immune defendant. … An inmate’s correspondence to prison administrators may establish a basis for personal liability under § 1983 where it provides knowledge of a constitutional deprivation. Perez v.

Blackmon

District Court, S.D. Illinois · Jul 17, 2026

Even if Blackmon could establish deficient performance, he cannot demonstrate prejudice. … Co., 698 F.3d 587, 598 (7th Cir. 2012) (“To prevail on a Rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error of law or fact, or (2) that newly discovered evidence

Munoz v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Nov 18, 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 … On his intake form, the nurse marked “no assistive devises/special need required,” even though Plaintiff’s medical record establishes a “collective serious medical need and evidence from x-ray and medical permit for low

Wakefield v. Franklin County Sheriff Dept.

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

Any portion of the Complaint that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be 1 This is one of six lawsuits that Plaintiff filed in this … Because Count 1 involves the alleged denial of medical care, the Clerk’s Office is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Wakefield v. Franklin County Jail

District Court, S.D. Illinois · May 18, 2023

Any portion of the Complaint that is legally frivolous or 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). … Recruitment of Counsel (Doc. 14) is DENIED without prejudice, based on Plaintiff’s failure to demonstrate reasonable efforts to find counsel on his own3 before asking the Court to assist him and based on his failure to establish

Marshall v. H & R Block Tax Services Inc.

270 F.R.D. 400 · District Court, S.D. Illinois · Sep 17, 2010

whether the particular circumstances of each transaction qualifies under the particular laws of each state. … Defs Exhs. 20-33. 5 Second, and more importantly, the script is clearly a kickoff point for a conversation between the preparer and the client, which would of necessity be individualized, depending on the concerns of the