Case law

Wills

District Court, S.D. Illinois · Oct 27, 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.

Aigbekaen v. United States

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

Plaintiff argues that at the time of filing his Complaint, he was clearly in imminent danger. … The Court also rightly ruled that Plaintiff’s Complaint does not assert facts establishing 3 Citing Parker v. Montgomery Cnty. Corr.

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.

Letterman

District Court, S.D. Illinois · Mar 24, 2026

According to Petitioner, on September 1, 2022, the BOP “failed to accredit 36 months of qualified non- federal presentence time…toward service of [his] federal sentence—time spent in Missouri state custody … Clearly, though, as a matter of fact and law, Petitioner remained in the primary custody of the State of Missouri at that time. See Jake v.

Young v. Hampton

420 F. Supp. 1358 · District Court, S.D. Illinois · Oct 21, 1976

Yet these same opinions do qualify that stated premise, to the extent that each recognizes that a court does have the power to review such exercise of discretion if the same is not taken in good faith. Ibid. … In this instance, the agency simply applied that established standard to the admitted factual circumstances, to reach its ethical appraisal as to the sanction which those circumstances required.

Sutterer

District Court, S.D. Illinois · Oct 23, 2025

. § 1915A, which requires this Court to 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 with a grievance official may establish a basis for liability for deliberate indifference when it provides “sufficient knowledge of a constitutional deprivation.” Perez v.

N.Y. Univ. v. Factory Mut. Ins. Co.

374 F. Supp. 3d 315 · District Court, S.D. Illinois · Mar 19, 2019

The evidence establishes the following sequence. … Put more clearly, "a limit[ ] of liability is not an exclusion, and New York law does not permit [the Court] to find otherwise." Id. at 131 (emphasis in original).

Navarro Carrilo v. N.Y.C. Dep't of Educ.

384 F. Supp. 3d 441 · District Court, S.D. Illinois · Jun 13, 2019

This case is clearly closer to Cruz and de Paulino . As in those cases, Plaintiffs received an adverse pendency ruling. … Eleven counseling sessions, rather than twelve, clearly meets the standard of "substantially similar."

Burnett v. Chapman

District Court, S.D. Illinois · Jun 22, 2020

Plaintiff’s sole allegation against Wexford is that it was “responsible for establishing a uniform written procedure for dental services.” (Doc. 13, p. 3). … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Cowell v. Illinois Department of Human Services

District Court, S.D. Illinois · Feb 12, 2024

Under either the direct or indirect method, Cowell cannot establish a prima facie case for retaliation under Title VII. … To establish a claim for failure to accommodate under the ADA, a plaintiff must demonstrate that: (1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the employer

Adamczyk v. States Attorney

District Court, S.D. Illinois · Sep 30, 2020

Any portion of a Complaint that is legally frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks for money damages from a defendant who by law is immune from such relief must be dismissed … Adamczyk’s original motion for mandamus (Doc. 1) and this motion clearly state that he seeks mandamus relief.

Hamerski v. Belleville Area Special Servs. Coop.

302 F. Supp. 3d 992 · District Court, S.D. Illinois · Mar 20, 2018

It provides special education services to children between elementary and high school levels that have qualified disabilities under the Americans with Disabilities Act (hereinafter "ADA"), and whom are entitled to special … Because Hamerski voluntarily chose to resign, BASSC argues that she fails to establish an adverse employment action.

Nahl v. Jaoude

354 F. Supp. 3d 489 · District Court, S.D. Illinois · Dec 12, 2018

Only if the absent party qualifies as necessary and cannot be joined must the court decide "whether, in equity and good conscience, the action should proceed" or be dismissed. Fed. R. Civ. … Central Bank Defendants argued that the Central Bank of Lebanon is an indispensable party to this action, and that it cannot be joined because it enjoys sovereign immunity. See, e.g., Republic of Philippines v.

Brown v. David

District Court, S.D. Illinois · Jan 16, 2020

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). 1 Although Plaintiff … In order to maintain a claim against a private corporation in this context, a plaintiff must establish that a policy, custom, or practice attributable to the corporation actually caused a violation of the plaintiff’s constitutional

Brady v. Illinois Department of Corrections

District Court, S.D. Illinois · Jun 2, 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). … These conditions make Plaintiff a “qualified individual with a disability” under the ADA and the RA.

Essex v. Permobil, Inc.

District Court, S.D. Illinois · Sep 26, 2025

Even if a qualified privilege exists, the communication can still be defamatory and actionable if the privilege has been abused. … In this case, however, despite that language appearing on Plaintiff’s CIS, the IDHR clearly believed that Plaintiff’s CIS met the requirements of a charge, nonetheless.

United States v. Galanis

366 F. Supp. 3d 477 · District Court, S.D. Illinois · Nov 15, 2018

The Court remains unconvinced, however, that this evidence, even considered with the rest of the government's case, establishes the only issue that matters for purposes of establishing Archer's guilt: that he was misleading … The second representation identified by John Galanis is that he told the WLCC that sovereign immunity would shield them from any liability related to the bond offerings.

Osen LLC v. U.S. Dep't of State

360 F. Supp. 3d 258 · District Court, S.D. Illinois · Feb 5, 2019

CIA , 586 F.3d 171 , 186 (2d Cir. 2009). 2 Osen advances two separate arguments that the government has made qualifying disclosures of the redacted information. … In this case, State's submissions clearly and plausibly outline why the harms it traces from official disclosure of the redacted information remain a risk despite any unofficial disclosures.

Williams v. N.Y.C. Dep't of Health & Mental Hygiene

299 F. Supp. 3d 418 · District Court, S.D. Illinois · Mar 12, 2018

A dispute over an issue of material fact qualifies as genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. … Presbyterian Hosp. , 455 F.3d 118 , 123 (2d Cir. 2006) (reversing a district court decision to retain supplemental jurisdiction over state-law *429 claims after dismissal of the federal claim, citing "the absence of a clearly