Case law

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.

Cain v. Continental Tire

District Court, S.D. Illinois · Sep 24, 2021

With respect to not being drug tested at Health Services, Summer clearly needed emergency care and the SSM personnel were more concerned with stopping the bleeding. … Because Cain is unable to prove a prima facie case of discrimination; summary judgment is clearly appropriate. II.

NYU Hosps. Ctr. v. League of Voluntary Hosps. & Homes of N.Y.

318 F. Supp. 3d 622 · District Court, S.D. Illinois · Jun 20, 2018

The decision to move NYU to the non-League contribution rate was clearly made without NYU's consent, and there is no allegation as to why the other employer hospitals were at that time differently situated to affect NYU's … has held that "almost any concerted action by employers that touches on a mandatory subject of collective bargaining, no matter how obviously offensive to the policies underlying the Nation's antitrust statutes, should be immune

Harper v. Nurse

District Court, S.D. Illinois · Mar 19, 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 … The facts are relatively straightforward, and Plaintiff has been able to present them clearly enough for consideration.

Britton v. Loera

District Court, S.D. Illinois · Feb 14, 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 explains that at this time and during subsequent events, he could not see clearly because of the chemicals in his eyes from the mace. (Doc. 1, p. 7-8).

Moore v. Sennings

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

money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. § 1915A(b). At this juncture, the factual allegations of the pro se complaint are to be liberally construed. … For non-medical prison officials, such as administrators, an inmate may establish a claim of deliberate indifference if he can demonstrate that an official recklessly turned a blind eye to his serious medical need, or otherwise

Starr Indem. & Liab. Co. v. Water Quality Ins. Syndicate

320 F. Supp. 3d 549 · District Court, S.D. Illinois · Apr 25, 2018

A final point as to plain language: In the WQIS policy and the Coast Guard regulations under OPA, respectively, the word "substantial" qualifies the word "threat" and the word "significant" qualifies the word "risk." … The factual record establishes considerably less.

Rottau

District Court, S.D. Illinois · Apr 29, 2026

. § 1915A.2 Any portion that is legally frivolous or malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. … This vague assertion of notice and knowledge falls short of establishing deliberate indifference, even at this early stage.

Jones v. Welborn

877 F. Supp. 1214 · District Court, S.D. Illinois · Dec 27, 1994

However, the State’s Attorney acknowledged that he and Gagen had discussed the issue, and the statement quoted above clearly establishes that the State’s Attorney was absolutely unwilling to negotiate a plea for a sentence … The record clearly establishes that Miller initiated the first conversation, petitioner signed a Miranda waiver, and no details of any crimes were discussed or inquired about at that time.

Wright v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Nov 27, 2024

Duckworth, 65 F.3d 555, 561 (7th Cir. 1995) (To recover damages under § 1983, a plaintiff must establish that a defendant was personally responsible for the deprivation of a constitutional right). … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Hill v. Wellpath Medical Provider

District Court, S.D. Illinois · Mar 20, 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 … Because Hill’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Lipscomb v. Wills

District Court, S.D. Illinois · Jan 8, 2025

Plaintiff has therefore established a viable Eighth Amendment claim against Choate for the use of excessive force. 2 See Bell Atlantic Corp. v. … The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Can't Live Without It, LLC v. ETS Express, Inc.

373 F. Supp. 3d 434 · District Court, S.D. Illinois · Jun 10, 2018

Moreover, S'well cross-examined the relevant ETS witnesses regarding their knowledge of the market share of the bottles they bought, and established that they had no idea how many other were purchased or how many customers … Fay's Drug Co. , 900 F.2d 558 , 564 (2d Cir. 1990) ("To qualify for trademark protection, an owner of a descriptive mark must demonstrate that the mark had acquired secondary meaning before its competitor commenced use of

Abrams v. FedEx Ground Package System, Inc.

District Court, S.D. Illinois · Feb 14, 2022

Defendants first argue that Plaintiffs cannot establish a sufficient nexus between the alleged unfitness of Pino and their injuries (Doc. 79, p. 4). … The Court first evaluates whether or not Gaull is qualified.

Leger v. Mitchell

District Court, S.D. Illinois · Dec 5, 2023

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 … pleadings demonstrate an ability to construct coherent sentences, relay information, and clearly communicate to the Court.

Volkers

District Court, S.D. Illinois · May 7, 2026

Westphal, 78 F.3d 1252, 1257 (7th Cir. 1996) (“being a pro se litigant does not give a party unbridled license to disregard clearly communicated court orders,” or to “choose which of the court's rules and orders it will … Yet, there is no reference to any familial relationship between Joplin’s two minor children and Volkers to establish his standing to bring the constitutional claims arising from DCFS’s investigation and removal of the minors

Jett v. Brookhart

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

Consequently, under Rule 36(b), the matters in the requests to admit are conclusively established. FED. R. CIV. … In light of this ruling, the Court need not reach Defendant Brookhart’s argument that she was entitled to qualified immunity (see Doc. 78, pp. 15–16).

Hendricks v. City of East St. Louis Police Department

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

However, even if service was not validly executed and more than ninety days have passed without valid service, the Plaintiff has established good cause for failing to validly execute service—they were of a genuine belief … Additionally, the Defendants claim to have a meritorious defense which, given this case involves a police detective firing his weapon, the Court infers to be probable cause, qualified immunity, and a version of the facts

Ingram v. Cunningham

District Court, S.D. Illinois · May 11, 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). … Plaintiff’s description of his gastrointestinal symptoms including pain and bloody stool is sufficient at this stage to qualify as an objectively serious medical condition.

Harden

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

To establish liability under the Eighth Amendment, a prisoner must show: (1) his medical need was objectively serious; and (2) 2 See, e.g., Bell Atl. Corp. v. … Based on the allegations in the Complaint, the Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.