Case law

Black v. Jeffreys

District Court, S.D. Illinois · Mar 25, 2022

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 … 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.

Hollis v. Truitt

District Court, S.D. Illinois · Jul 12, 2022

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 … App’x 390 (7th Cir. 2018) (a court may dismiss a complaint upon screening if it is clearly barred by the statute of limitations).

Rector v. Clark

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

In addition, qualified immunity shields both defendants from liability for the claims at issue. (Id.). … The moving party has the burden of establishing that no material facts are genuinely disputed. Lawrence v. Kenosha Cty., 391 F.3d 837, 841 (7th Cir. 2004).

Chavez

District Court, S.D. Illinois · Aug 12, 2026

She reiterated that Wexford did not have enough qualified medical professionals and sent him back to his cell (Id.). On April 27, 2023, Chavez saw Dr. … Brophy conduct the instability test without the brace in order to clearly test the stability of his knee (Id. at p. 14).

Jordan

District Court, S.D. Illinois · Nov 4, 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 … However, he clearly admits that in February of 2023 he was seen by Wise and Luking and plans for treatment were established.

White v. City of Alton

District Court, S.D. Illinois · Jan 22, 2024

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 or fails to state a claim. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). … While it is difficult to even imagine a public safety approach that would be worse than anarchy; even if the Plaintiff could establish that the approach itself endangered her, the Plaintiff would also need to establish

Most v. Pritzker

District Court, S.D. Illinois · Aug 10, 2020

A TRO may issue without notice only if "specific facts in an affidavit or a verified complaint clearly show that immediate or irreparable injury, loss, or damage will result to the movant before the adverse party can be … To obtain preliminary injunctive relief, a plaintiff must establish that (1) his underlying case has a reasonable likelihood of success on the merits, (2) no adequate remedy at law exists, and (3) he 3 The Court may

Diaz

District Court, S.D. Illinois · May 5, 2026

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 Diaz’s claims involve his medical and mental health care, the Clerk of Court is DIRECTED to enter the Court’s standard HIPAA Qualified Protective Order.

Abbey Ridge LLC v. Addison Insurance Company

District Court, S.D. Illinois · Sep 18, 2019

Clearly there was confusion among the parties regarding the scope. … The party offering the expert testimony bears the burden of establishing that it meets these admissibility requirements. Brown v. Burlington N. Santa Fe Ry. Co., 765 F.3d 765, 772 (7th Cir. 2014); Lewis v.

Prima Tek II, L.L.C. v. Polypap Sarl

316 F. Supp. 2d 693 · District Court, S.D. Illinois · Apr 30, 2004

When a party alleges that a claim is invalid based on the very same references that were before the examiner when the claim was allowed: the attacker ... has the added burden of overcoming the deference that is due a qualified … The evidence at trial clearly showed that the Speed-Cover® was not a decorative sheet of material as described by the patents at issue or the Bouquett’O.

Nichols

District Court, S.D. Illinois · Dec 3, 2025

Nichols was clearly taking Prednisone more than “two to three times a month,” which Dr. Siddiqui and Defendants’ own expert consider “chronically excessive.” … Whether Defendants breached their duty owed to Nichols is clearly in dispute. Plaintiff’s expert opines that they did, while Defendants deny any such breach.

Sims v. Thompson

District Court, S.D. Illinois · Mar 31, 2021

Dep’t of Corr., 56 F.3d 785, 788 (7th Cir. 1995) (state Department of Corrections is immune from suit by virtue of Eleventh Amendment). … Count 3 Under Illinois law, in order to state a claim for negligence, a complaint must allege facts to establish that the defendant owed the plaintiff a duty of care, breached that duty

Kaufmann v. Werlich

District Court, S.D. Illinois · May 26, 2020

Plaintiff could see the envelope, and it was clearly marked “Legal Mail.” (Id.). Even so, the staff member refused to give Plaintiff the letter from his attorney for “liability” reasons. (Id.). … Plaintiff’s allegations do not establish the necessary nexus between the denial of legal mail and the inability to pursue a legitimate challenge to his conviction, sentence, or prison conditions. Ortiz v.

Joiner v. Larson

District Court, S.D. Illinois · May 7, 2020

Additionally, Clark cannot be held liable solely because he is the internal affairs supervisor, as liability under Section 1983 cannot be established by the mere fact that a defendant is a supervisor. Sanville v. … Edgar, 112 F.3d 262, 266 (7th Cir. 1997) (“[i]nadequate treatment of a serious nature can qualify” as a sufficiently serious deprivation). Count 2 shall proceed against Galloway and Dr.

Small v. Sullivan

820 F. Supp. 1098 · District Court, S.D. Illinois · Sep 21, 1992

Because joinder is clearly impracticable, the numerosity requirement is met. B) Commonality The second requirement for class certifications is that there are questions of law and fact common to the class. Fed. … Adequacy of Representation Two factors are considered in determining whether a class' representative can fairly and adequately represent the interests of the proposed class members: (1) whether the named plaintiffs counsel is qualified

Taylor v. Craig

District Court, S.D. Illinois · Dec 9, 2019

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 1 Plaintiff has not filed a motion for a temporary restraining … Dart, 633 F.3d 541, 543 (7th Cir. 2011) (dismissal with prejudice appropriate where Court-issued complaint form clearly warned Taylor that failure to provide litigation history would result in dismissal); Ammons v.

Doe v. Southern Illinois Healthcare Enterprises, Inc.

District Court, S.D. Illinois · Sep 19, 2024

To qualify as “acting under” a federal “officer” or “agency,” the private person or company must be subordinated “to one holding a superior position or office.” Watson v. … § 1447(c) for prevailing on the Motion to Remand, but “such an award is only appropriate where ‘clearly established law’ demonstrates there was no basis for removal.” Lamarr, 2023 WL 6690582, at *3 (citing Lott v.

Lyons

District Court, S.D. Illinois · Apr 17, 2026

The Eighth Amendment requires an inmate to establish a serious medical condition, and care that demonstrates a total disregard for his situation. … That immunity extends to state agencies as well and, subject to the Ex Parte Young doctrine, to state employees acting in their official capacities.

Gaddis v. DeMattei

District Court, S.D. Illinois · Jul 27, 2020

In order to prevail on a Fourth Amendment claim for false arrest, a plaintiff must establish that he or she was arrested without probable cause. Hurt v. Wise, 880 F.3d 831, 841 (7th Cir. 2018). … Berkowitz, 927 F.2d 1376, 138 (7th Cir. 1991). 2 Given this conclusion, it is not necessary for the Court to address Defendants’ argument that they are entitled to qualified immunity.

Boneau

District Court, S.D. Illinois · Mar 9, 2026

Her race-based discrimination claim ostensibly is based, in part, on the fact that she was passed over for a position she was qualified for in favor of a white man. (Id.). … A plaintiff can establish retaliation either directly or indirectly.