Case law

Hollis v. Hughes

District Court, S.D. Illinois · Jun 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 … The Equal Protection Clause and the Establishment Clause prohibit the defendant from treating members of some religious faiths more favorably than others without a secular reason. See Cruz v.

Murphy v. Childress

District Court, S.D. Illinois · Oct 23, 2024

The Amended Complaint Plaintiff complied with the Local Rules by clearly underlining material that is new to his amended pleading. (Doc. 18). … On the information presented, the Court still finds Plaintiff’s allegations against Goodchild and Lamb insufficient to establish deliberate indifference.

Reed v. Brex, Inc.

District Court, S.D. Illinois · Jan 28, 2020

However, both Plaintiffs and Brex are also in agreement that the company documents outlining the function of the Scale are accurate, and these clearly show that while expressed as an hourly rate, the Scale is based on sales … In Dyal, the court observed that workers in the enterprise in question consistently put in over 2,000 hours per year, finding that the commission plan did not clearly incentivize faster work and denying

State v. U.S. Dep't of Commerce

315 F. Supp. 3d 766 · District Court, S.D. Illinois · Jul 26, 2018

These allegations suffice to establish that Make the Road has associational standing. … Defendants contend that this is one of the rare circumstances in which Congress clearly intended to preclude judicial review of agency action. (Defs.' Br. 26-30).

Mays

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

Mere receipt of grievances from a prisoner, however, is usually insufficient to establish liability. See Owens v. … Plaintiff also has alleged sufficient facts to establish at the pleading stage that the process he was afforded was constitutionally deficient.

Krueger, Jr. v. Santos

District Court, S.D. Illinois · Jul 29, 2020

Any portion of the Amended 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). … The Clerk of Court is further DIRECTED to ENTER the standard Qualified Protective Order pursuant to the Health Insurance Portability and Accountability Act.

In re Cannavest Corp. Sec. Litig.

307 F. Supp. 3d 222 · District Court, S.D. Illinois · Mar 31, 2018

Sec., LLC , 446 F.Supp.2d 163 , 180 (S.D.N.Y. 2006) (group pleading is " 'extremely limited in scope, applying only to clearly cognizable corporate insiders with active daily roles in the relevant companies or transactions … The Court concludes that Plaintiffs have pled sufficient facts to establish scienter as to both Mona and Wilson.

Morrow v. Baldwin

District Court, S.D. Illinois · Jul 29, 2020

To succeed on a claim related to conditions of confinement, a plaintiff must establish both an objective and subjective element. See Grieveson v. Anderson, 538 F.3d 763, 775 (7th Cir. 2008). … Given this conclusion, it is not necessary for the Court to address Defendants’ argument that they are entitled to qualified immunity with respect to Plaintiff’s claims.

Sullivan

District Court, S.D. Illinois · Feb 18, 2026

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i). … Plaintiff’s renewed IFP Motion must clearly establish his indigency.

Cunningham Charter Corp. v. Learjet, Inc.

258 F.R.D. 320 · District Court, S.D. Illinois · Apr 27, 2009

Cunningham Charter does not even point to the specific warranty language on which it bases its claims, or the source of that language, giving the Court no objective means for determining what would qualify as identical warranty … The breach of warranty theory proposed by Cunningham Charter fails to offer any meaningful or objective criteria to establish class membership.

Oakley v. Rakers

District Court, S.D. Illinois · Mar 19, 2025

asks for money damages from a defendant who by law is immune from such relief must be dismissed. 28 U.S.C. § 1915A(b). … Here, Plaintiff has not established that he will suffer irreparable harm without interim relief.

Scott v. Wexford Health Service

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

Section 1983 “does not establish a system of vicarious liability.” Burks v. Raemisch, 555 F.3d 592, 593-94 (7th Cir. 2009). … Vicky Becker, and Nursing Staff as parties in CM/ECF; and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.

Randall

District Court, S.D. Illinois · Jan 14, 2026

Although Randall disputes whether he was guilty of that charge, the prison clearly has a penological interest in preventing drugs from entering the prison. … Because Randall’s claims involve his mental healthcare, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

In re Cooper

592 B.R. 469 · District Court, S.D. Illinois · Sep 22, 2018

"A finding is 'clearly erroneous' when the reviewing court is 'left with the definite and firm conviction that a mistake has been made.' " Id. (citation omitted). B. Analysis 1. … [i]n or about February 2008"; Goldman does not make any definitive statements, but instead qualifies his statements by explaining that they are, "[b]ased on the best of [his] recollection[.]" ( Id. at 414, 428-29).

Mosley

District Court, S.D. Illinois · Jan 14, 2026

For a state law conviction to qualify as a basis for a sentence enhancement, the crime of conviction must be “the same as, or narrower than, the relevant generic offense.” Id. at 519. … 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

Jones v. Lenear

District Court, S.D. Illinois · Mar 20, 2020

Because the Court finds Defendants did not violate Plaintiff’s constitutional rights, it need not consider the question of qualified immunity. … While Plaintiff clearly disagrees with Dr.

Major v. Sadler

District Court, S.D. Illinois · Aug 14, 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 Major’s claims involve his medical care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Consumer Fin. Prot. Bureau v. RD Legal Funding, LLC

332 F. Supp. 3d 729 · District Court, S.D. Illinois · Jun 21, 2018

Anti-Assignment Act jurisprudence establishes clearly that a party is free to enter into an agreement that legally obligates it with respect to a future payment from the United States Government after the party has received … It is well-established that contract interpretation is the domain of state law.

Bohn v. Franklin County Correctional Healthcare

District Court, S.D. Illinois · Nov 20, 2023

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. 28 U.S.C. § 1915A(b). … Once a plaintiff establishes a prima facie case of retaliation, the burden shifts to the defendants to rebut the claim by showing that the activity would have occurred regardless.

Heard v. Wexford Health Sources, Inc.

District Court, S.D. Illinois · Aug 14, 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 … Request for Immediate Injunctive Relief Plaintiff did not file a freestanding motion for a preliminary injunction, but in his demand for relief and in the body of the complaint (Doc. 1 at 8-9) he clearly