PsychRights: Illinois

PsychRights^®
Law Project for
Psychiatric Rights

Illinois

Krista Erickson is our Illinois Coordinator.

In Re Torski, November 17, 2009, The Illinois Court of Appeals for the 4th District held unconstitutional the following part of Illinois' involuntary commitment statute:

(3) A person with mental illness who, because of the nature of his or her illness, is unable to understand his or her need for treatment and who, if not treated, is reasonably. expected to suffer or continue to suffer mental deterioration or emotional deterioration, or both, to the point that the person is reasonably expected to engage in dangerous conduct.

In Re Alaka W., March 4, 2008
Respondent, a retired medical doctor, hired a cab driver at $300 per day to assist her in delivering letters to various agencies and to remove all of the cranks from her windows due to her fear of people coming into her home. J. McDade finds that respondent was improperly held as a person subject to involuntary admission because the state failed to prove every element of the Mental Health Code by failing to produce evidence regarding the possible side effects of the drugs that it sought to administer. Thus, the state failed to prove that the benefits of the treatment outweighed the harm. Also, the state failed to produce evidence of less restrictive treatment options. Reversed.
In re Angel S., September 28, 2007
Respondent came to an emergency room claiming that a ventilator in her car caused burns on her neck, but the burns were no where to be found. She also claimed that an invisible man was stabbing her in the chest. J. Callum finds that respondent was improperly involuntarily admitted to the Department of Mental Health for 90 days because the trial court failed to consider less restrictive treatment alternatives to hospitalization. Reversed.
Associated Psychological Health Services provides non-medication services.
Zikis v. Pfizer, in the federal District Court for the Northern District of Illinois, Case No. 04 C 8104, is case alleging Zoloft caused the plaintiff's husband to commit suicide. Pfizer argued it was insulated from liability because the FDA didn't require warnings. The district court held Pfizer could not rely on the FDA's failure to require a warning about Zoloft to shield it from liability in this very preliminary ruling where all inferences were to be drawn against Pfizer.
- Order Denying Summary Judgment, May 9, 2005.
- Order Denying Reconsideration, November 8, 2005.
In Re: Robert S, December 18, 2004, Illinois Supreme Court Opinion holding the State of Illinois violated Robert's constitutional rights, as a pretrial detainee in a forced medication proceeding based on his purported best interests, by not notifying his criminal defense attorney and failing to appoint a psychiatrist as an independent expert witness, rather than a psychologist. The court also held that the Sell v. United States criteria didn't apply where there was another basis for forced drugging (the normal civil forced drugging rules).
No Oversight, Plenty of Overlook, by Joe Mungai
Affidavit of Larry Filliung.
Bush's plan to screen for mental health meets opposition in Illinois, British Medical Journal, November 6, 2004.
Involuntary Mental Health Treatment Proceedings in Illinois By Theresa Miller.
PsychRights' July 22, 2004, letter regarding the Children’s Mental Health Partnership Preliminary Plan's proposal to screen children and expectant mothers
- PDF Version.
One Case and Possible Implications, is a description of a successful case in Illinois against forced psychiatric drugging.
December 14, 2001, Memo on Rodney Yoder's Case. (Rodney was released in 2004 or 2005).