Case law

Wagner v. Comparin

District Court, S.D. Illinois · May 14, 2025

A TRO may issue without notice only if (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can … Here, Plaintiff has not established any efforts made to obtain counsel on his own.

Diaz v. People of the States

District Court, S.D. Illinois · Mar 20, 2024

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 … Even if the Court assumed that the defendants were “state actors,” the facts described still do not give rise to a constitutional claim under § 1983 because the actions described do not clearly align with any of the major

Jones v. Granite City Police Department

District Court, S.D. Illinois · Oct 28, 2022

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). … Plaintiff’s allegations do not establish any elements of this claim. He simply refers to an equal protection claim in passing.

Steward v. Honeywell International, Inc.

District Court, S.D. Illinois · Oct 5, 2022

Class Area has also revealed levels of contamination in excess of limits established in 10 C.F.R. § 20.1301, et seq. and its predecessors.” … Cal. 1996) (noting that “applying the ‘ultrahazardous activities’ doctrine here would be clearly inconsistent with the Price-Anderson Act.”); Adkins, 960 F.Supp.2d at 766, 768 (same in uranium exposure case).

Kelly v. State of Tennessee

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

A court can dismiss a case if the court determines that 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 … 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

O'Neill

District Court, S.D. Illinois · Jan 28, 2026

Under § 1915(e)(2), the Court must now screen O’Neill’s complaint 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 … Thus, to establish jurisdiction, the action must arise under the Constitution or federal law, or O’Neill must have alleged a constitutional violation by a state actor or by a private actor acting under color of state law

United States v. Alimehmeti

284 F. Supp. 3d 477 · District Court, S.D. Illinois · Feb 15, 2018

Relevant Factual Allegations 1 The Government expects to establish, inter alia , the following at trial. 1. … The Supreme Court has established a four-factor test to determine whether an aspect of a trial may be closed to the public.

Leavell v. Karnes

143 B.R. 212 · District Court, S.D. Illinois · Oct 31, 1990

Section 509(c) establishes the status of reimbursement or contribution claims that have been allowed by the bankruptcy court. … However, the full extent of the environmental problems and the cost to remedy the situation have not been established.

Booker v. Does

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

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). … Samalinski’s name on it that proves he knew about Plaintiff’s injury is insufficient to state a claim; it fails to establish the requisite knowledge of Plaintiff’s condition and deliberate indifference.

Jackson v. American Water Co.

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

Because Jackson is unable to prove a prima facie case of discrimination; summary judgment is clearly appropriate. III. … Given the facts before the Court, summary judgment is clearly warranted on Count III of the amended complaint.

Love

District Court, S.D. Illinois · Jul 27, 2026

They argue Arnold is entitled to summary judgment on Love’s First Amendment claim because he is entitled to qualified immunity and because he was insufficiently personally involved to be liable. … Love argues that Arnold’s knowledge plus his failure to act implies that he willfully “turned a blind eye” to the problem, enough to establish his personal involvement under § 1983.

Thomas v. Weaver

District Court, S.D. Illinois · Oct 7, 2019

Any portion of a complaint that is legally frivolous or malicious, fails to state a claim, or asks for money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. §1915A(b). … Robinson, 914 F.2d 486, 492 (4th Cir. 1990) (“[T]here is no clearly established, sufficiently contoured, right to hot showers in prison.”)).This condition issimplynot serious enough to support a claim.

Roberson v. Morrison

District Court, S.D. Illinois · Mar 15, 2021

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). … Two elements are required to establish a constitutional violation.

Thomas v. Wexford Health Sources Inc

District Court, S.D. Illinois · Oct 28, 2024

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 … He claims they failed to properly treat his conditions, failed to establish medical safeguards to ensure adequate treatment was not delayed, exhibited deliberate indifference to his needs and further complicated his situation

Olin Corp. v. Lamorak Ins. Co.

332 F. Supp. 3d 818 · District Court, S.D. Illinois · Jul 15, 2018

Whether Coulon Is Qualified To Opine on the Reliability of Accounting and Financial Information Olin argues that Chapter 16 of the Roux Report must be excluded because its author, Kelly Coulon, is not qualified as an expert … The Second Circuit held that, in order to establish liability, "[t]he insured need not establish actual liability to the party with whom it has settled 'so long as a potential liability on the facts known to the [insured

Madewell v. Employees of Madison County Jail

District Court, S.D. Illinois · Apr 13, 2021

Any portion of a complaint that is legally frivolous or malicious, fails to state a claim for relief, or asks for money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. § 1915A … Because this suit addresses one or more medical claims, the Clerk of Court is also DIRECTED to enter the standard qualified protective order under the Health Insurance Portability and Accountability Act.

Strandell v. Jackson County, Ill.

634 F. Supp. 824 · District Court, S.D. Illinois · May 9, 1986

The court held that a “continuing pattern of underfunding county programs” qualified as a “custom” under Monell , and that Cook County should therefore not be dismissed as a defendant. Id. at 1192-93. … These allegations are clearly sufficient to withstand defendants’ motion to strike and/or dismiss.

Thompson v. Stover

District Court, S.D. Illinois · Oct 19, 2020

Any portion of the First Amended 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). … Count 2 In order to maintain an Eighth Amendment claim against a private corporation such as Wexford, a plaintiff must establish that a policy, custom, or practice attributable to

Dunham v. City of N.Y.

295 F. Supp. 3d 319 · District Court, S.D. Illinois · Mar 13, 2018

deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States." … Plaintiff is clearly relying on a pure respondeat superior theory of liability, which is insufficient to sustain a Section 1983 claim seeking to impose supervisory liability. Richardson v.

Leach v. Shaffer

District Court, S.D. Illinois · Sep 6, 2019

As to that evidence, she found Shaffer failed to establish that his decision not to preserve the evidence was an exercise of his discretion in making a policy decision, and that a reasonable jury could find him liable for … As for the immunity question, Magistrate Judge Daly thoroughly and correctly discussed that issue.