Case law

Gym Door Repairs, Inc. v. Young Equip. Sales, Inc.

331 F. Supp. 3d 221 · District Court, S.D. Illinois · Sep 19, 2018

The standard for granting summary judgment is well established. … Ex. 166 (Docket No. 621-11) ("The State has consistently interpreted our regulations to mean that any qualified individual can maintain folding partitions in accordance with the manufacturer's instructions.").

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

Yamini

District Court, S.D. Illinois · Aug 26, 2026

A nurse is not immune from claims of deliberate indifference because there is a supervising doctor with decision-making power; while nurses may generally “defer to instructions given by physicians, they have an independent … Here, while Nurse O’Neal was clearly aware from her examination of and symptoms exhibited byPlaintiff that he faced some risk of harm to his health, there is no evidence that ignored or disregarded it.

Greer-Medley v. Board of Trustees SIU

District Court, S.D. Illinois · Mar 31, 2023

The above language clearly indicates that the department makes the initial determination of whether an individual is qualified to receive a promotion to full professor. In the case of Plaintiff and Dr. … The plain language clearly says, “recommendations for promotion,” not recommendations regarding promotion.

S&R Dev. Estates, LLC v. Town of Greenburgh

336 F. Supp. 3d 300 · District Court, S.D. Illinois · Aug 29, 2018

It is well established that in every preemption case, "the purpose of Congress is the ultimate touchstone." Wyeth v. … I find only that if one were to be established, the Sisters would not be entitled to seek compensation under RPAPL § 1951(2). IV.

Brown v. Wills

District Court, S.D. Illinois · Apr 30, 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 … If he files a new motion for counsel later in the case, he should take care to clearly describe the specific tasks that are too difficult for him to complete on his own.

McIntosh v. Rich

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

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 … Clearly, Rich’s actions were neither extreme nor outrageous.

Beltran v. Baldwin

District Court, S.D. Illinois · Sep 1, 2022

The moving party bears the burden of establishing that no material facts are in genuine dispute; any doubt as to the existence of a genuine issue must be resolved against the moving party. Adickes v. S.H. … And finally, they contend that qualified immunity shields Butler, Baldwin, McAllister, and Williams from liability.

Brooks v. HSHS St. Elizabeth's Hospital

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

The United States has moved for summary judgment on the basis of sovereign immunity (Doc. 154). St. Elizabeth’s Hospital, Lindsay O’Neil, and HSHS Medical Group (“St. … In Gilbert, the Illinois Supreme Court established three elements necessary to establish a hospital’s vicarious liability under the doctrine of apparent agency: (1) the hospital, or its agent, acted in a manner that would

Clark v. Wexford Health Sources

District Court, S.D. Illinois · Jun 27, 2022

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 … Clark apparently qualified for work release and was scheduled to be given his work release. However, on December 7, Dr.

Wilson v. Wills

District Court, S.D. Illinois · Jun 10, 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 … Two elements are required to establish a violation of the Eighth Amendment’s cruel and unusual punishments clause.

West v. Ebers

District Court, S.D. Illinois · Dec 13, 2023

Plaintiff did not recognize the officer by appearance or name, but the officer clearly knew him. Id. at 16. … Plaintiff makes passing reference to medication used to control his blood pressure and nerve pain, but this is not enough to establish a serious medical need.

Russell

District Court, S.D. Illinois · Feb 2, 2026

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 … Accordingly, given the constraints established by the PLRA and the lack of information provided in the motion, the Court will not create and enforce emergency injunctive relief without further briefing and an opportunity

Davis v. Baldwin

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

It is well-established that the Ex parte Young exception to Eleventh Amendment immunity permits injunctive relief against state officials “when there is an ongoing or threatened violation of federal law.” Vickery v. … And, in this instance, Congress clearly knew how, but chose not to “clearly command” in the PLRA that courts could not impose prospective relieve when the violation was only threatened and not actively ongoing.

Murphy v. Siddiqui

District Court, S.D. Illinois · Sep 22, 2021

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 … Because Murphy’s claims involve the alleged denial of medical care, the Clerk of Court is further DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability

Gharrett v. Butler

District Court, S.D. Illinois · Sep 9, 2021

Instead, the plaintiff must establish that “the defendant had actual knowledge of an impending harm easily preventable, so that a conscious, culpable refusal to prevent the harm can be inferred from the defendant's failure … YANDLE United States District Judge 4 Given this conclusion, it is not necessary for the Court to address Defendants’ argument that they are entitled to qualified immunity.

Johnson v. Wills

District Court, S.D. Illinois · May 7, 2024

out non-meritorious claims and dismiss any portion of a complaint that is legally frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks money damages from a defendant who by law is immune … As the Court previous discussed in the original Merit Review Order, the denial or mishandling of a grievance is not sufficient to establish liability. See Owens v.

Gossett v. McDonald

District Court, S.D. Illinois · Sep 24, 2024

Defendants Dean and Stout, Defendants claim that a “struggle ensued” as they escorted Plaintiff to Internal Affairs, but that Plaintiff was not injured during this “struggle” and they simply placed restraints on him, as Clearly … For the same reasons that Defendants contend they are entitled to summary judgment, they also argue that the Court should grant qualified immunity in their favor.

Pinkard v. Hughes

District Court, S.D. Illinois · Jul 17, 2025

Under Section 1915A, any portion of a complaint is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or requests monetary damages from a defendant who by law is immune from … However, personal responsibility may be established by a non-medical prison official if the official “know[s] about the conduct and facilitate[s] it, approve[s] it, condone[s] it, or turn[s] a blind eye.”

Smith v. Commissioner of Social Security

District Court, S.D. Illinois · Sep 25, 2023

Plaintiff is also correct regarding the sufficiency of the VE’s explanation regarding the basis for her job incidence data.4 The ALJ had the burden to establish that there are a significant number of jobs in the national … The ALJ then adopted the VE’s testimony, ignoring the fact that the VE did not describe her methodology or clearly identify the source of her job incidence data.