Friday, November 8, 2019

Federal Complaint in Case No. 19-cv-7413, Jennifer Coleman v. Mark Roberson and Syed Hussain


IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

                                                                        )
JENNIFER COLEMAN,                                )
                                                                        )
                                    Plaintiff,                      )
                                                                        )
            v.                                                         )            Case No.
                                                                        )
MARK ROBERSON, individually, and         )
SYED HUSSAIN, individually,                     )            JURY DEMAND
                                                                        )
                        Defendants.                             )


COMPLAINT FOR DAMAGES
WITH REQUEST FOR TRIAL BY JURY



            NOW COMES the Plaintiff, Jennifer Coleman, by and through her attorneys, the Law Offices of Kretchmar and Cecala, P.C., with her complaint against the above-named Defendants and requests trial by jury, and in support of her Complaint states as follows.
I.               INTRODUCTION
This is an action brought by Jennifer Coleman, a person previously confined in the custody of the Illinois Department of Human Services (“State”) at Elgin Mental Health Center (“Facility” or “Elgin”), to vindicate profound deprivations of her constitutional rights caused by institutionally based brutality.
II.   JURISDICTION AND VENUE
            1.            This action arises under the Constitution and laws of the United States, including Article III, Section 1 of the U.S. Constitution, and it is brought pursuant to 42 U.S.C. §§ 1983 and 1988.  The jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1331, 1343 and 2201.
            2.            This case is instituted in the United States District Court for the Northern District of Illinois pursuant to 28 U.S.C. §1391, as the judicial district in which all relevant events and omissions occurred and in which Defendants maintain offices and/or reside.
III.   PARTIES
            3.            At all times relevant hereto, Plaintiff Jennifer Coleman was a resident of the State of Illinois and a legal resident of the United States of America.
4.            At all times relevant hereto, Defendant Mark Roberson (“Roberson”) was a resident of the State of Illinois and a citizen of the United States, and was acting under color of state law in his capacity as an officer employed by Illinois Department of Human Services.  Roberson is sued individually for actions and omissions taken under color law while working as an employee of Elgin Mental Health Center and/or the Illinois Department of Human Services.
5.            At all times relevant hereto, Defendant Syed Hussain (“Hussain”) was a resident of the State of Illinois and a citizen of the United States, and was acting under color of state law in his capacity as an officer employed by Illinois Department of Human Services.  Hussain is sued individually for actions and omissions taken under color law while working as an employee of Elgin Mental Health Center and/or the Illinois Department of Human Services.

IV.  BACKGROUND FACTUAL SUMMARY AND GENERAL ALLEGATIONS:
SEXUAL ABUSE OF A DISABLED PERSON, DENIAL OF DUE PROCESS

6.            Plaintiff was adjudicated not guilty by reason of insanity (“NGRI”) in the Circuit Court of Kane County, for a criminal charge of Aggravated Battery in  2013.  She was committed to the custody of the State for inpatient mental health treatment at Elgin in May 15, 2013.
7.            Plaintiff was originally assigned to be housed and to receive treatment on clinical Unit H at Elgin.  She was subsequently transferred to the clinical Unit at William White Cottage in May, 2013.  The Defendant Mark Roberson was a Security Therapy Aid (STA) at White Cottage, and the Defendant Syed Hussain became the psychiatrist and treatment team leader on that clinical unit several years later.
8.            On January 10, 2019, Plaintiff was granted conditional release from Elgin to live at Bryn Mawr Care, a residential psychiatric rehabilitation facility in Chicago.  She remains there at the time of this filing.
9.            Throughout the six years of Plaintiff’s involuntary custody at Elgin, she was told, first by others and then most explicitly by Defendant Hussain, and/or she was implicitly led to believe, that her only hope of release lay in agreeing with and fully believing everything the staff said and thought about her, whether they specified formal psychiatric diagnoses in writing or prescribed drugs which might seem to have different benefits and risks than she was told to expect, whether they documented her behavior accurately or inaccurately, or even when they merely voiced informal and casual opinions about her personality.  Full faith in and agreement with staff, as the trained mental health professionals in charge of her treatment, and full submission to their slightest direction, was called “insight” into her mental illness.  In the absence of sufficient “insight” the Plaintiff could never be recommended by Elgin to the Court for release from custody at Elgin.
10.            On or about October 18, 2018, Defendant Roberson attempted to seduce the Plaintiff during a card game in a private booth on the clinical unit, first with conversation about what a “ladies’ man” he was, to imply that the Plaintiff would enjoy having a romantic or sexual relationship with him.  During card games that they played almost every night in November, 2018, Defendant Roberson showed Plaintiff his tattoos, and told her she had to hide her developing feelings for him, because other staff would notice if she “wore her feelings on her sleeve.”
11.            During October-December 2018, several staff frequently joked around or teased the Plaintiff and/or Defendant Roberson about how they spent so much time together, asking, e.g., “What’s going on with you two?”
12.            By December, 2018, Defendant Roberson was frequently coming to Plaintiff’s room on White cottage and engaging in explicitly sexual kissing and touching activity with her.  This occurred in full view of Plaintiff’s roommate, whom (along with the Plaintiff) Roberson threatened and sternly warned not to tell anyone.
13.            Plaintiff attempted to discourage the sexual relationship, telling Defendant Roberson to “forget it” as early as December 2, 2018.  However he was relentlessly seductive, calling her frequently from his cell at the patient phone on the unit, and he began to recite various “loving” intentions and promises, to help her improve her life situation when she would be released from Elgin.
14.            Plaintiff was expecting an upcoming court decision for her conditional release, and was unwilling to endanger a favorable ruling by angering a staff member or making what would become mere he-said-she-said accusations in the lopsided, “staff-is-always-right/mental-patient-is-always-wrong” venue of Elgin.
15.            Plaintiff was in no position and had no ability to give or withhold “consent” to any sexual activity or relationship with Defendant Roberson.  She was an involuntary psychiatric patient, a disabled person, relentlessly schooled by Defendant Hussain, the captain of her treatment team who dictated what her custodial program would be, that she must obey and defer to staff judgment in all matters concerning herself, including her own emotions and her own mind.  Hussain repeatedly told Plaintiff that her explanations of incidents or untrue staff reports were irrelevant, because she was a mental patient and only staff would be believed..
16.            Despite the Plaintiff’s reticence, Defendant Roberson continued his attempts during December 2018, and promised Plaintiff he would help her earn a degree when she got out of Elgin, he would find an apartment for her, and he would live with her and even marry her once he qualified for his retirement pension.  He discussed buying her an engagement ring, saying she would however have to keep it hidden.  These promises were combined with the implicit and omnipresent threat, always in the background: Defendant Roberson could easily insert reports into her psychiatric chart, which would have been entirely false but nevertheless believed, saying that she had been the one who tried to seduce him and characterizing her alleged behavior as symptomatic of such mental illness as should rule out her release.  Thus coerced, the sexual “relationship” continued.
17.            After Plaintiff was conditionally released on January 10, 2019, Defendant Roberson contacted her at Bryn Mawr Care by cell phone, as he had previously arranged with her to do.  On numerous occasions in January or early February he picked her up in his car and took her either (at first) to a hotel in Chicago or (later) to his apartment in Elgin.  Plaintiff wanted to have conversations and discuss the promises he had made and future plans with him, but Roberson repeatedly showed her that he was only interested in drinking and sex.  Plaintiff complied with his demands in part because he became very angry when he was drunk, and she was alternately afraid of him or felt sympathy for him.  On one occasion, Defendant had to call Plaintiff’s case worker Alex at Brynn Mawr Care to tell him she would be late coming back, and she had to have the hotel call a taxi for her to return to her residence because he was too drunk to drive, after he had already driven his car onto a snow bank.
18.            On or about February 8, 2019, Plaintiff finally managed to call off the relationship with Roberson.  She has not seen him again in person since then.
19.            On or about July 19, 2019, Defendant Roberson contacted the Plaintiff by phone and told her that someone had reported their earlier sexual and personal contacts to the Office of the Inspector General, and that he could be in trouble or even fired.  He clearly hoped that she would protect him from an expected or ongoing investigation.  He did not inform her that he was the only one in trouble (i.e., she was not), because under Illinois law, any sexual contact at all between institutional mental health staff and an involuntary patient constitutes a felony for which the staff can be prosecuted, and that no issue of the patient’s “consent” is even allowed. 
20.            During the phone conversation in July, 2019, Defendant Roberson told the Plaintiff to lie to police about their relationship.
V.  CLAIMS FOR RELIEF
1.) Sexual abuse of a disabled person, false imprisonment/illegal seizure/deprivation of liberty, denial of due process of law: violations under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments to the Constitution of the United States

21.            Plaintiff hereby incorporates Paragraphs 6-20, as if set forth here in their entirety.
22.            In 2013, Plaintiff was “hospitalized” as an involuntary psychiatric inpatient after a verdict of Not Guilty by Reason of Insanity pursuant to 730 ILCS 5/5-2-4.  She was evaluated as being in need of mental health services on an inpatient basis and placed in a secure setting at Elgin Mental Health Center.  Such involuntary “hospitalization” is legal only because its purposes do not include retribution, punishment, or deterrence.  An NGRI verdict is an acquittal of criminal culpability, and an acquittee may only be involuntarily hospitalized for treatment of an existing condition of mental illness.  Under the Constitution of the United States, she may not be hospitalized involuntarily in the absence of such condition, or in the absence of the possibility of “adequate and humane care and treatment” [405 ILCS 5/1-101.2] for such condition, regardless of previous criminal acts (however heinous), and regardless of any theoretical danger she may pose to herself or others.
23.            Even as a pretrial detainee is presumed innocent, and elaborate procedural rights are meant to guarantee her fair trial, a forensic psychiatric inpatient is not a criminal, and elaborate policy protections are meant to guarantee her treatment for the condition of mental illness.  In both circumstances, the point is to restrain human passion and flawed reaction in the name of reason and justice.  Our law demands criminal procedure for pretrial detainees, not lynchings; and it also demands medical treatment for NGRI acquittees, not psychiatric slavery.  Mental health treatment is inextricable from due process of law for the continuing confinement of any forensic psychiatric patient.  Abuse and neglect effectively sabotage mental health treatment.  Pursuant to 405 ILCS 5/2-112, “Every recipient of services in a mental health… facility shall be free from abuse and neglect.”  “Abuse” is defined under 405 ILCS 5/1-101.1 as “…any physical injury, sexual abuse, or mental injury inflicted on a recipient of services other than by accidental means.”
24.            Plaintiff was denied due process of law precisely because the Defendants abused her, and violated crucial policies, rules and criminal laws, thereby effectively eliminating all possibility of ameliorative treatment for her condition of mental illness and rendering her continued confinement, from the time of said violations, as a non-medical, abusive, and unconstitutional deprivation of liberty, false imprisonment and/or illegal seizure of plaintiff’s person.  Specifically:
            a. Defendant Roberson seduced or coerced the Plaintiff into a sexual             relationship while he was an employee of the state institution to which she was involuntarily committed, when she was legally incapable of consent and under his control.  This was a violation of 720 ILCS 5/11-9.2(a)(2) and 720 ILCS 5/11-9.5, a Class 3 felony.
            b. Defendant Roberson threatened both the Plaintiff and Plaintiff’s roommate with retribution, by saying any report they might make about his sexual abuse of the Plaintiff would only be said to be a symptom of their mental illness and justify longer involuntary hospitalization.  This was intimidation, a Class 3 felony under 720 ILCS 5/12-6(a)(2), and an attempt and/or conspiracy to violate 59 Ill. Adm. Code §50.20.
            c. Defendant Hussain actively supported Defendant Roberson’s original and continuing opportunity to sexually abuse the Plaintiff, by carefully grooming and schooling the Plaintiff with the idea that mental health professionals are always right and are believed, whilst mental patients are always wrong and are not believed.  Defendant was denied all opportunity to be heard, and called a liar or troublemaker by Defendant Hussain on several occasions when she complained about staff behavior or any abuse of power.  Defendant Hussain made it clear that if Plaintiff wanted to be conditionally released, she should restrain herself from complaining             about staff.  This was intimidation, a Class 3 felony under 720 ILCS 5/12-6(a)(2), and an attempt and/or conspiracy to violate 59 Ill. Adm. Code §50.20.

            25.            Relevant portions of 42 U.S.C. § 1983 provide that:
            Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . .


            26.            Plaintiff at all times referred to in this action was and is a citizen of the United States and all of the individual Defendants to this claim are persons for purposes of 42 U.S.C. § 1983.
            27.            All individual Defendants to this claim, at all times relevant hereto, were acting under the color of state law in their capacity as employees of the State of Illinois, and their acts and/or omissions were conducted under the cover of their official duties or employment.
            28.            At all times complained of herein, Plaintiff had clearly established constitutional rights under the Fourth and Fourteenth Amendments to bodily integrity and to be free from false imprisonment, illegal seizure of her person, and deprivation of liberty by employees of the State in the absence of due process of law and/or in violation of those policies and laws which specifically or impliedly justify and facilitate involuntary inpatient mental health treatment.
            29.            Any reasonable person knew or should have known of these rights at the time of the complained of conduct as they were clearly established at that time.
            30.              The actions, deceptions and threats by Defendants Roberson and Hussain, as described herein, were also malicious and/or involved reckless, callous, and deliberate indifference to Plaintiff's federally protected rights.  The failure to protect the Plaintiff’s constitutional rights, and the use of illegal seizure, false imprisonment, intimidation and sexual misconduct which amounted to active subversion and sabotage by the Defendants, and each of them, of that due process of law (treatment) to which the Plaintiff was entitled, violated the Fourth and Fourteenth Amendment rights of the Plaintiff.
            31.            Neither Defendant ever took reasonable steps to protect Plaintiff from the objectively unreasonable and conscience shocking sexual abuse by Defendant Roberson or the false imprisonment, deprivation of liberty, and intimidation, despite being in a position to do so.  The Defendants are each therefore liable for the injuries and damages resulting from the objectively unreasonable and conscience shocking sexual abuse and other constitutional violations caused by the other Defendant.
            32.            Defendants engaged in the conduct described by this Complaint willfully, maliciously, in bad faith, and in reckless disregard of Plaintiff's federally protected constitutional rights.
            33.            Defendants engaged in the conduct described by this Complaint with shocking and willful indifference to Plaintiff's rights, in full conscious awareness that they would cause Plaintiff severe physical and emotional injuries.
            34.            The actions of the Defendants, and each of them, in the context and
circumstances where the Plaintiff represented no threat of harm to herself, other patients or staff, violated the contemporary standards of decency.  At no time was sexual abuse, deception or intimidation justified by any medical or mental health philosophy or the Plaintiff’s needs; but it was, entirely, misconduct and violation by the Defendants, and each of them, of the Plaintiff’s constitutional rights as outlined herein.
            35.            The Defendants, and each of them, conducted a malicious and sadistic
use of sexual abuse, deception and intimidation to cause harm to the Plaintiff by forcing her to submit to false imprisonment, unreasonable seizure of her person and deprivation of liberty which constituted an unlawful constitutional violation and a stripping away of her dignity and humanity.  The Plaintiff’s future freedom and wellbeing were completely controlled by the Defendants, whose actions violated contemporary standards of decency, regardless of whether or not significant physical injury is evident.  The Defendants used sexual abuse, deception and intimidation in a willful, wanton and unnecessary fashion, as there was no need for sex at any time or under any circumstance during the Plaintiff’s confinement, nor was any deception or intimidation appropriate for a trained, responsible staff member in the mental health profession.
            36.            The Defendants’ sexual abuse, deception and intimidation exceeded any reasonable policy or practice.  The use of sexual abuse, and the deception and intimidation of the Plaintiff resulted in the false imprisonment, seizure of the Plaintiff’s person, and deprivation of liberty by confinement under an utterly false guise of mental health treatment, and it is sufficiently repugnant as to shock the conscience of mankind.
            37.            The acts or omissions of both Defendants were the direct and proximate causes behind Plaintiff's injuries.
            38.            The Defendants acted in concert and joint action with each other.
            39.            The acts or omissions of Defendants as described herein intentionally deprived Plaintiff of her constitutional rights and caused her other damages.
            40.            The Defendants are not entitled to qualified immunity for the complained of conduct.
            41.            As a proximate result of Defendants' unlawful conduct, Plaintiff has suffered actual physical and emotional injuries, and other damages and losses as described herein entitling her to compensatory and special damages, in amounts in excess of the jurisdictional limit.
            42.            On information and belief, Plaintiff may suffer lost abilities to recover and may further suffer physical and emotional pain from ongoing and continued loss of society through the sexual abuse outlined herein.
            43.            Plaintiff is further entitled to attorneys' fees and costs pursuant to 42 U.S.C. §1988, pre-judgment interest and costs as allowable by federal law.
            44.            In addition to compensatory, economic and consequential damages, Plaintiff is entitled to punitive damages against each of the Defendants under 42 U.S.C. § 1983, in that the actions of each of Defendant have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of the Plaintiff.
2.) Sexual abuse of a disabled person, battery, excessive force, denial of due process of law: violations under 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments to the Constitution of the United States
45.            Plaintiff hereby incorporates all other paragraphs of this complaint, as if set forth here in their entirety.
            46.            Relevant portions of 42 U.S.C. § 1983 provide that:
Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . .


            47.            Plaintiff at all times referred to in this action was and is a citizen of the United States and the Defendants to this claim are persons for purposes of 42 U.S.C. § 1983.
            48.            The Defendants to this claim, at all times relevant hereto, were acting under the color of state law in their capacity as employees of the State of Illinois, and their acts and/or omissions were conducted under the cover of their official duties or employment.
            49.            At all times complained of herein, Plaintiff had a clearly established constitutional right under the Fourth and Fourteenth Amendments to bodily integrity and to be free from excessive force, assault, battery, and sexual assault by the staff of the State and to due process of law before any force or battery might be used against her.
            50.            At all times complained of herein, Plaintiff had a clearly established constitutional right under the Fourth and Fourteenth Amendments to bodily integrity and to be free from sexual abuse, intimidation and psychological manipulation, by the Defendants and other unknown employees of the State.
            51.            Any reasonable person knew or should have known of these rights at the time of the complained of conduct as they were clearly established at that time.
            52.            The actions, deceptions, intimidation and effective enslavement as well as the use of force by Defendant Roberson, as described herein, were also malicious and/or involved reckless, callous, and deliberate indifference to Plaintiff's federally protected rights.  The failure to protect the Plaintiff’s constitutional rights, and the use of unlawful excessive force, assault, battery, and sexual misconduct as well as the active sabotage of such due process of law (mental treatment) to which Plaintiff was constitutionally entitled, by the Defendants, and each of them, violated the Fourth and Fourteenth Amendment rights of Plaintiff.
            53.            The force used constituted excessive force, assault, battery, and sexual abuse which could have caused and did cause serious injury to the Plaintiff.
            54.            Neither of the Defendants took reasonable steps to protect Plaintiff from the objectively unreasonable and conscience shocking excessive force, assault, battery, and sexual abuse by Defendant Roberson despite being in a position to do so. The Defendants are each therefore liable for the injuries and damages resulting from the objectively unreasonable and conscience shocking force and other constitutional violations caused by each other Defendant.
            55.            Defendants engaged in the conduct described by this Complaint willfully, maliciously, in bad faith, and in reckless disregard of Plaintiff's federally protected constitutional rights.
            56.            Defendants engaged in the conduct described by this Complaint with shocking and willful indifference to Plaintiff's rights, in full conscious awareness that they would cause Plaintiff severe physical and emotional injuries.
            57.            The actions of the Defendants, and each of them, in the context and
circumstances where the Plaintiff represented no threat of harm to herself, other patients or staff, violated contemporary standards of decency.  At no time was such “treatment” justified by any medical or mental health philosophy, by the Plaintiff’s needs, or by policies and considerations of security, but was, entirely, misconduct by the Defendants, and each of them, in violation of Plaintiff’s Constituional Rights as outlined herein.
            58.            The Defendants, and each of them, conducted a malicious and sadistic
use of force to cause harm to the Plaintiff by forcing her to submit to excessive force, assault, battery, and sexual abuse which constituted an unlawful bodily touching and stripping away her dignity and humanity by submitting to Defendant Roberson, who controlled the Plaintiff’s freedom and wellbeing.  Such actions violate contemporary standards of decency, regardless of whether or not significant physical injury is evident.  The Defendants used force in a willful, wanton and unnecessary fashion, as there was no need for sex at any time or under any circumstance during the Plaintiff’s confinement, nor was any force, assault, battery, and/or sexual activity appropriate for a trained, responsible staff member in the mental health profession.
            59.            The Defendants’ excessive force, assault, battery, and sexual abuse exceeded any reasonable use of force as no force was required whatsoever.  The use of force involving the sexual battery and enslavement of the Plaintiff constitutes sexual assault, battery, and excessive force under the guise of treatment. Such a use of force is so repugnant as to shock the conscience of mankind.
            60.            The acts or omissions of both Defendants were the direct and
proximate causes behind Plaintiff's injuries.
            61.            The Defendants acted in concert and joint action with each other.
            62.            The acts or omissions of Defendants as described herein intentionally deprived Plaintiff of her constitutional rights and caused her other damages.
            63.            The Defendants are not entitled to qualified immunity for the complained of conduct.
            64.            As a proximate result of Defendants' unlawful conduct, Plaintiff has suffered actual physical and emotional injuries, and other damages and losses as described herein entitling her to compensatory and special damages, in amounts in excess of the jurisdictional limit.
            65.            On information and belief, Plaintiff may suffer lost abilities to recover and may further suffer physical and emotional pain from ongoing and continued loss of society through the sexual abuses outlined herein.
            66.            Plaintiff is further entitled to attorneys' fees and costs pursuant to 42 U.S.C. §1988, pre-judgment interest and costs as allowable by federal law.
            67.            In addition to compensatory, economic and consequential damages, Plaintiff is entitled to punitive damages against each of the Defendants under 42 U.S.C. § 1983, in that the actions of each Defendant have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of Plaintiff.

VI. PRAYER FOR RELIEF

            Plaintiff prays that this Court enter judgment for the Plaintiff and against each of the Defendants and grant:
A.   compensatory and consequential damages, including damages for emotional distress, humiliation, loss of enjoyment of life, and other pain and suffering on all claims allowed by law in an amount to be determined at trial and in excess of the jurisdictional limit;

B.    economic losses on all claims allowed by law;

C.    punitive damages on all claims allowed by law against Defendants and in an amount to be determined at trial and in excess of the jurisdictional limit;

D.   attorneys’ fees and costs associated with this action under 42 U.S.C. § 1988, including expert witness fees, on all claims allowed by law;

E.    pre- and post-judgment interest at the lawful rate;

F.    Court-ordered equitable and injunctive relief from all contact or communication by the Defendants, including any further sexual advances, assaults or seductive communication from the Defendants; and

G.   Any further relief that this Court deems just and proper, and any other appropriate relief at law and equity.


PLAINTIFF REQUESTS A TRIAL BY JURY.


                                                Respectfully submitted,

                                                __/s/ S. Randolph Kretchmar______________
                                                S. Randolph Kretchmar
                                                One of the Attorneys for the Plaintiff


The Law Offices of Kretchmar & Cecala, P.C.
1170 Michigan Avenue, Wilmette, IL 60091
847-370-5410

Press Release


ANOTHER NEW LAWSUIT ALLEGES SEX SLAVERY AND PSYCHIATRIC MISCONDUCT AT FAMOUS STATE-OPERATED PSYCHIATRIC HOSPITAL
November 8, 2019
For more information contact: S. Randolph Kretchmar, 847-370-5410
Copies of the Federal Complaint filed in this matter will be available on request during a press conference at 12:00 noon, Friday, November 8, 2019 at the Union League Club of Chicago, Room 822, 65 West Jackson Boulevard.
Kretchmar & Cecala, P.C., has been retained by another plaintiff, in an ever-widening story of sexual abuse and official misconduct in the State’s psychiatric system. This is the sixth federal lawsuit filed alleging misconduct in state mental health facilities.
Under Illinois criminal statutes, any sexual contact between institutional staff and an involuntary patient, may subject the staff member to felony charges of sexual abuse.  There is strict policy requiring staff to report any suspicions of sexual abuse within four hours. In all the cases filed to date nobody reported anything, or if anyone did, the report was quashed higher up the chain of command.
The new lawsuit specifically details sexual abuse of a female patient by staff and a cover-up by top state psychiatric officials. The new suit was filed today by Jennifer Coleman against Mark Roberson, a therapy aide at Elgin Mental Health Center, and Syed Hussain, a psychiatrist there, alleging that Roberson engaged in sexual abuse of Coleman during her hospitalization at Elgin until her release in 2019, and then attempted to continue the “relationship” he had coerced her into after her release.
Two earlier federal lawsuits have been pending for more than a year against a social worker at Elgin Mental Health Center, who is alleged to have seduced several patients beginning in 2014, and to have continued for years to use them as her personal sex slaves.  That social worker plead guilty in a state criminal case for her actions related to these matters and is now serving a sentence in a state prison.
Mark Owens alleged in 2018 that the same social worker tried to get his psychiatric diagnosis altered to discredit him, and to increase his medication to hurt his memory or otherwise disable his ability to complain about her sexual abuse.
Another pending suit filed in July 2019 by Michael Dopson against Erica Ware, a mental health tech at Chicago Read Mental Health Center, alleged that Ware engaged in sexual abuse of Dopson beginning in 2016 and continued until his release in 2019.
The Law Offices of Kretchmar and Cecala, P.C. has cooperated with the Internal Investigations Division of the Illinois State Police, in relation to the allegations.
“We’ve discovered system wide psychiatric abuses and as predicted, more plaintiffs have come forward. The public will ultimately see psychiatric slavery in Illinois as the ugliest crime against humanity since Auschwitz,” said S. Randolph Kretchmar, one of the attorneys for the plaintiffs.
                                                                        -30-


Wednesday, October 2, 2019

The Plantation tries to blame the Joint Commission

Corrupt or criminal enterprises always get involved in a complex web of lies. They ultimately poison their own dealings with people they don’t even have good reason to lie to.

Elgin Mental Health Center, like all other Illinois Department of Human Services slave plantations, is accredited as a “hospital” by a private, contracted organization called The Joint Commission (previously, JCAHO).

The following letters are self explanatory.
_______________________________________________________

May 16, 2019

The Joint Commission
One Renaissance Blvd.
Oakbrook Terrace, IL 60181

Re: Elgin Mental Health Center

Dear Sir/Madam:

I am making a formal inquiry into an ongoing situation, prior to possible litigation.

On or around May 9, 2019, patients in Elgin Mental Health Center’s (EMHC’s) Forensic Treatment Program, including several of my clients, were told by administrative staff that all of their electronic devices with cords that plug into wall outlets would be confiscated.  The EMHC Administration is apparently saying this is your fault.

These are all items of personal property, not hospital property.  As such, the issue becomes one of state and federal constitutional law.  The Illinois Mental Health and Developmental Disabilities Code, 405 ILCS 5/1-100 et seq., the Illinois Administrative Code, Title 59, Chapter 1, Part 110, the United States Constitution, Fourth and Fourteenth Amendments, and 42 U.S.C. Section 1983, specify due process protections against deprivations of property, and unreasonable search and seizure.  Entities that fail to provide required due process may be liable, as individuals who are deprived without due process may have a cause of action.

I have been dealing with EMHC and individuals housed there for many years.  The Administration’s recent assertion that JCAHO is obligating them to confiscate personal property of patients seems suspicious to me.  Firstly, it is suspicious because I don’t believe JCAHO does that.  Hospital property might well be the subject of JCAHO focus for safety and other reasons, but not individuals’ private property.

Secondly, blaming JCAHO is suspicious here because the justification has changed several times.  More than a year ago, my clients were first told that JCAHO’s Official Accreditation Report (OAR) after a July 2017 survey required the removal of all electronic devices with cords.  Then in March 2019 it was acknowledged that the OAR did not require any such thing, after all.  Rather, the Center for Medicare and Medicaid Services (CMS) had been the source of a memo suggesting that this kind of patient personal property might create a “ligature risk”.  This explanation seemed false, given that CMS does not accredit the Forensic Treatment Program, and they specifically define a ligature risk as a structure to which a cord or rope could be attached.  Finally this month, JCAHO’s OAR was trotted back out as the real problem; but no one whose rights are at stake, nor any neutral party, may see the OAR to clarify this story.

The EMHC Administration currently protests that they fought vehemently with JCAHO to avoid having to confiscate patients’ property, but they are now obligated.

I am investigating this prior to any further action.  Please confirm for me specifically, whether as a result of the July 2017 accreditation survey, JCAHO advised EMHC verbally or in writing to remove from the hospital all patients’ electronic devices with cords.  If as I suspect, this did not occur, then obviously no interest would be served by naming JCAHO as a party in any claim.

At the moment no devices have been confiscated.  My clients were told such action will be taken beginning July 1, 2019.  This is an important issue, considering JCAHO is contracted with the Illinois Department of Human Services, and therefore individuals would potentially be liable for acting under color of state law to violate due process.

I look forward to hearing from your legal counsel at the earliest possible date, to clarify this matter.

Yours truly,

S. Randolph Kretchmar
847-370-5410 (mobile)

Cc: Mr. Sean Gunderson
      Dr. Victoria Ingram, Director of Court Services EMHC
      DHS General Counsel
____________________________________________________________

 August 21, 2019

The Joint Commission
One Renaissance Blvd.
Oakbrook Terrace, IL 60181

Re: Elgin Mental Health Center

Dear Sir/Madam:

This is my second formal inquiry into the same general ongoing situation.

On May 16, 2019, I wrote you about an incident that occurred or around May 9, 2019, when patients in Elgin Mental Health Center’s (EMHC’s) Forensic Treatment Program, were told by administrative staff that their electronic devices would be confiscated and that this was your fault.

Additional items of personal (not hospital) property, in this case bed sheets, are now being confiscated, supposedly because the Joint Commission is requiring it.  On Monday, August 19, 2019, at about 12:00 PM, a nurse manager named Cynthia Masters, stationed on N Unit, appeared in the dining room where patients were eating lunch and announced rather brusquely that fitted sheets are considered a ligature risk per the Joint Commission, and therefore by Thursday, 08/22, all patients have to give up any fitted sheets that they possess.

I have been dealing with EMHC and individuals housed there for many years.  The assertion that the Joint Commission is obligating the hospital to confiscate personal property of patients remains (as I characterized it in my earlier letter) suspicious.  Hospital property might well be a subject of your focus for safety and other reasons, but not individuals’ private property.

I hope you can enlighten me regarding what part, if any, the Joint Commission actually has in this continuing tendency to confiscate patients’ personal property at EMHC.

Yours truly,

S. Randolph Kretchmar
847-370-5410 (mobile)

Cc: Mr. Sean Gunderson
      Dr. Victoria Ingram, Director of Court Services EMHC
      DHS General Counsel
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The following email was finally received on Sept. 25, 2019. Obviously, somebody was lying, and not lying well....
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Greetings Mr. Kretchmar:

This email responds to your August 21, 2019 letter to The Joint Commission regarding policies set by Elgin Mental Health Center on ligature risk. Although we have not performed a keyword search of survey reports, to our most recent knowledge, The Joint Commission has not cited any organization for permitting patients to have fitted sheets.

From TJC’s website, here is an FAQ on the topic:


Ligatures and Suicide Risk Reduction - Prohibited items on an Inpatient Psychiatric Unit
Are there specific items that should not be allowed to be brought on an inpatient psychiatric unit ?
No, The Joint Commission does not determine the items to be prohibited from an inpatient psychiatric unit. Items that are prohibited to be brought into organizations, due to the risk of harm to self or others, should be determined by the organization. Compliance of such safety measures is based upon organizational policies/procedures, individual care plans, and applicable state rules or regulations.


This FAQ was also published in the Perspectives® Newsletter, January 2018, Volume 39, Issue 1 - The Official Newsletter of The Joint Commission.


Kathleen Pankau, JD RN
Senior Assistant General Counsel
The Joint Commission

Saturday, September 28, 2019

CLOSING IN ON CORCORAN, MALIS, HUSSAIN

I don’t know that James P. Corcoran, Richard Malis and Syed Hussain are the only, or even the worst, bad actors at Elgin Mental Health Center. But I sure do know that they are worth identifying as very bad actors.

The accurate identification of real bad guys is the most valuable social activity because most people are not bad, and if you can separate out those who truly are, you have an effective short cut to dramatically improving any organization, group or society,  or even perhaps a short cut to saving the world.

James P. Corcoran is the one I am most sure of. My first contact with him was in a staffing for Marci Webber at Chicago Read Mental Health Center, years ago. I don’t remember specifics, although I have a general recollection that he was arrogant, dismissive of the patient’s view of her situation, and that he fully expected he could automatically intimidate me into respect for his authority (which in retrospect is laughable). I’ve written more on this blog about Corcoran, and sued him more, than any other psychiatrist. He exhibits many characteristics of an antisocial personality. I could identify specific examples (especially instances of speaking only in very broad generalities, dealing in invented bad news/hostility/invalidation, altering communications to worsen them while stopping any good news, going berserk over any real help and preferring destruction in the name of help) but that will be saved for another article.

Moving to Richard Malis, I note that a DuPage County Judge just ordered Marci Webber released from Elgin Mental Health Center because of Malis’ glib admission that he couldn’t help her and she still couldn’t have any other psychiatrist. There was also testimony by an EMHC nurse that Malis didn’t want him to make true chart entries about Marci, because anything good might hurt his ability to coerce her to take harmful psychiatric drugs. Malis has often attempted to force or coerce other “patients” who are not dangerous onto drugs, he’s very well known for that. He has some sort of fanatical, pseudo-religious faith in the manipulation of brain chemistry whether those whose brains are affected like it or not. He searches avidly for all excuses to make people take drugs they hate.

This problem of state psychiatrists falsifying reports to courts is one of my favorites. In the recent litigation for Sean Gunderson’s release, it became completely clear that James Corcoran was changing (for the worse, of course) the “clinical” reports sent to Judge Hoffenberg, and forcing the unit staff to sign their names, pretending that his own opinions were theirs and effectively suborning perjury. This is part of an institutional policy throughout the Department of Human Services to punish forensic mental patients for refusing psychiatric drugs or complaining about institutional policy. There is much evidence to suggest that staff are similarly punished for not toeing institutional lines and paying slavish obeisance to certain senior administrators.

We are about to file a federal lawsuit against Syed Hussain on behalf of a sexual abuse victim. Hussain helped an EMHC staff member abuse our client, by repeatedly assuring her (brainwashing her in fact) that her interpretations of things and her factual complaints would never be believed, because she was the mental patient and her abuser was the clinical professional. I’ve known Hussain longer than either Corcoran or Malis, going back as far as a brief stay at EMHC by the infamous Rodney Yoder, my first client and now dear friend. Rodney laughed in Hussain’s face when he first heard Hussain’s “diagnosis” of him. I think that was the experience that inspired my blog article about the exact difference between medicine and psychiatry in 2010. Incidentally, Hussain also lied under oath about Marci Webber to escape liability for brutalizing her twice by forced drugging.

The bottom line is that evidence is piling up, and being broadcast to the general public more and more, showing forensic psychiatry in Illinois to be a plantation system that exploits the people it holds, wastes the public fisc, and horribly degrades our culture and our civilization. It’s like organized crime: very difficult and dangerous to fight, but an obvious target for all well-intended advocates.

The reason Elgin Mental Health Center should be razed is not that everyone who works there is bad. It’s because too many of the people who work there have allowed Corcoran, Malis and Hussain to corrupt the decent intentions for which real hospitals are created.

Monday, September 23, 2019

THE GUNDERSON CASE

Sean Gunderson won a conditional release from the Elgin plantation last week. This was a big deal for various reasons, not least because it was a really long and drawn-out litigation. I've written about the case earlier, maybe a few times. Over the years, it had become kind of a linchpin for almost everything I was doing.

I'll probably have a lot to say about the Gunderson case going forward. But because the conditional release ended up being negotiated as an agreed order, I never gave closing arguments. I had prepared and practiced them, however; so I'll publish what I prepared here, and it won't be completely wasted.
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CLOSING ARGUMENT FOR GRANTING SEAN GUNDERSON'S CONDITIONAL RELEASE (CIRCA SEPTEMBER 9, 2019)

First, if it please the Court, I need to make what I believe is an important point of law. This is relevant, if not critical...

If I seem to belabor this point, I hope everyone will be patient. The Court may recall that both Assistant State's Attorney Nancy Nazarian and Elgin Mental Health Center administrator Tom Zubik, and possibly others have repeatedly characterized the instant Petition for Conditional Release, brought by Mr. Gunderson under ILCS 5/5-2-4(e), as a "self petition". But there is no such legal thing. I've looked everywhere for this term, and I cannot find it. 

"Self petition" appears precisely nowhere in the relevant statutes, including the Illinois Mental Health and Developmental Disabilities Code [405 ILCS 5/1-100 et seq.], the Illinois Unified Code of Corrections [730 ILCS 5/1-1-1 et seq.], or the Illinois Code of Criminal Procedure [725 ILCS 5/100-1 et seq.]. 

Likewise, "self petition" appears nowhere in local, state or federal court rules, and nowhere in the Illinois Administrative Codes and Regulations. A Lexis search of all Illinois federal and state cases brings up only four in which the term "self petition" appears, and all four of those are immigration cases with no relevance to involuntary hospitalization for mental health treatment after an NGRI verdict.

Nevertheless, people have used this characterization, perhaps, to suggest that this petition should not be taken seriously. That would be inappropriate. Some such category as "self petition" may have significance for internal clerical purposes in some small corner of our state bureaucracy. It has no significance whatsoever in the law.

Yet, during a brief hearing on July 3, 2019, the record shows that Assistant State's Attorney Nazarian told the Court that it might be "inappropriate to put any pressure on anyone at Elgin Mental Health Center" to complete a promised evaluation of the Defendant/Petitioner's aftercare plan and placement at a group home pending the Court's hoped-for order for conditional release. Ms. Nazarian argued at the time that such pressure might be inappropriate precisely because "this is a self petition" not favored by everyone at Elgin or in the Department of Human Services. 

The Court was crystal clear in statements for several months that the Defendant/Petitioner's aftercare plan and placement were among the most important, if not the most important issues in this long, drawn-out litigation. The Court even stated on the record on two occasions, that it could conceivably order Elgin or Department employees into court to show cause why they should not be held in contempt for failing or refusing to evaluate the written aftercare plan and placement, which had been prepared and explained in detail in sworn testimony months earlier by Defendant/Petitioner's Social Worker.

The Court has been equally adamant that various smaller issues which may have been tediously disputed between previous witnesses in this case - independent experts, treating clinicians, Elgin administration, or Department employees - are of lesser importance than the Court's own determination based on all evidence, regarding whether Mr. Gunderson, the Defendant/Petitioner, is legally appropriate for conditional release, and under what circumstances.

But again: beyond the sly, gratuitous, negative implications of several individuals opposing the Defendant/Petitioner in this litigation, there simply is no such thing as a self petition.

730 ILCS 5/5-2-4(e) establishes that:

A defendant admitted pursuant to this Section, or any person on his behalf, may file a petition for treatment plan review or discharge or conditional release under the standards of this Section in the Court which rendered the verdict. 

This makes no mention or hint of any different kind of petition, which would be filed by Department or facility staff. It simply presumes that all petitions for conditional release are the same under the law for purposes of legal procedural, and it intends that all petitions are filed by or on behalf of the admitted defendant, regardless of specific authorship, collaboration or lack of the same, or bureaucratic procedures that might incidentally apply outside the court process, prior to filing.

We therefore ask for the record and as a point of law, that the Court disregard all characterizations of the current petition for conditional release under 730 ILCS 5/5-2-4(e) as "a self petition". 

With that legal point out of the way....

This case has been litigated, or maybe over-litigated, to an unusual extent. The Court has repeatedly noted that it's a very serious case. We would argue that the seriousness of the Petitioner's NGRI crime is one reason why; but there is another reason as well: that is the seriousness of an individual's right to liberty as it impacts the safety and honor of the community.

With our forensic psychiatry we presume that medicine and science can inform us: first, that it can inform us about whether an accused is culpable in crime; second, that it can inform us (if the accused is deemed not culpable) about whether he/she can be effectively treated and by what methods; and lastly we presume that it can inform us at a later time about whether treatment has succeeded. All these presumptions are questionable.

But we want to help, not just punish, and that speaks well of us. It also requires us to incur some degree of risk. Obviously, our medicine and science, forensic psychiatry in particular, no matter how we might like to portray "clear and convincing" or any evidentiary standard, are not up to eliminating all risk. 

So one way to look at the issue in this case is, what degree of risk will we incur if the Court conditionally releases Sean Gunderson? We argue that we will incur very little, especially with the aftercare plan and placement that has been submitted to the Court in substantial detail.

But first of all, remember that Mr. Gunderson has shown no recurrence of psychotic symptoms for the last eight years during which mental health experts at Elgin have watched him more or less continuously and carefully documented their observations every day. He has not even needed medication to suppress symptoms of mental illness or to control his behavior, and this is... a highly unusual positive factor that should inspire even more confidence. Most NGRI acquittees are released on a condition that they'll take meds, but they hate the meds, so they stop taking them on their own without telling anyone. There's no need to worry about that here.

Secondly, a theory has been voiced that out in the community, no longer in a controlled environment, Mr. Gunderson will face different kinds of stress, different triggers, that he is not used to. But the stress on any person from being deprived of liberty is huge. The stress from being told you don't know what's in your own best interest, the stress from having your everyday movements and communication, and even your thoughts prescribed by so-called "experts" who might barely know you... there's comparatively little of that stress outside of involuntary confinement in the state's psychiatric institution. For eight years. this Petitioner has been mentally and emotionally stable and non-aggressive in the face of such continuous, day-in-and-day-out invalidation and dehumanization. He has held up very well under such stress, and come out the other side of the ordeal without hostility. Now he simply wants a gradual increase in liberty, and a chance at becoming a productive citizen and member of the community.

Some people might say, well, what if there is such a thing as schizophrenia, a real brain difference or defect, which predisposes this petitioner to be violent in certain circumstances that we cannot predict? What if that... is just waiting to be triggered? Of course, we cannot prove such a thing doesn't exist. We would have the same problem Alice Kyteler had in the year 1324, when she was prosecuted by the Bishop of Ossary for witchcraft.

But if we are assessing risks under a catalogue of what if scenarios, consider this one. What if we deprive a person of liberty for no good reason? Can we just say he committed a violent act, so too bad for him? We decided he's not culpable, that's what NGRI means! His violent act might prove by common sense that he was dangerous at the time he committed it, but whether he is dangerous now, many years later, is a matter of substantial conjecture and little or no certainty.

There are all kinds of supposed "experts". We have ours, they have theirs, and none of them will be held responsible to accurately predict the future. Whether the Petitioner is mentally ill and dangerous is not fundamentally an issue of scientific or medical fact. It's an issue of what we feel we must do to justly balance risks. On one hand there's the risk that a poorly understood brain disease (schizophrenia) will come back after many years of lying mysteriously dormant, and make the Petitioner attack his parents once again; on the other hand there's the risk that we will really be punishing someone under cynical pretenses of help and community protection, just because we are afraid, dishonorable, and we can't figure out what else to do.

As the Court might realize from the testimony of a couple Elgin witnesses, there is a strong tendency to punish psychiatric patients for not toeing the institutional line, for not believing and saying the correct things, regardless of the objective acceptability of a patient's behavior. I am referring to Mr. Zubik and Dr. Corcoran. This Petitioner lodged too many complaints for their convenience, although he put them all in correct form and forwarded them to the correct authorities, who more often than not validated them. It took 34 written complaints about Mr. Zubik's new clothing policy, but the federally mandated protection and advocacy agency Equip For Equality, finally made Zubik rescind that policy because of Mr. Gunderson's well-reasoned whistle blowing. When he testified under oath in this court however, the Forensic Program Director of Elgin Mental Health Center briefly tried to "gaslight" Mr. Gunderson, pretending that he was irrationally advocating against his own interest in being generously allowed more clothes than before. 

The iPods, which were confiscated in January of this year, were falsely portrayed by  Dr. Corcoran during his testimony as "contraband", long after it was a matter of record that these items had been returned to Mr. Gunderson because they were not contraband: they had no recording ability, and they had been approved by Elgin security months earlier, when they first arrived. Dr. Corcoran also sought repeatedly to alter, for the worse, the Elgin treatment team's favorable reports of Mr. Gunderson's progress to this Court. We don't really know how long Corcoran was successful with such sabotage, before the treatment team's conscientious objections finally uncovered it.

For years, the Petitioner was overtly or covertly punished for not taking psychiatric drugs, although by now everyone recognizes that he doesn't need to, and even that he shouldn't. Hopefully the Court recalls the testimony and voluminous reports of our mental health experts, Wayne Beyer, Dr. Toby Watson, Dr. Gail Tasch, and Linda Grossman, who all believed Mr. Gunderson should not take drugs and should be conditionally released. And of course, Dr. Kim, who is very much a functionary of the state forensic mental health system, most recently stated that with an appropriate aftercare program, he would also support this Petitioner's conditional release. We now have that aftercare program.

Releasing Mr. Gunderson to an appropriate group home, under the conditions of the aftercare plan now endorsed by Elgin and the Department, will give him his best chance of successful reintegration into the community, and provide justice for all relevant parties. There is no legitimate interest in retribution with this case. The only purposes here are treatment success and community security. Treatment success has been evidenced for years already. Substance abuse education and prevention programming should of course continue in the community, and and apparently that can be better facilitated with conditional release that by continued hospitalization at Elgin. (RENZ won't accept Gunderson from Elgin, but the aftercare program has its own equivalent outpatient facility.)

Everyone agrees with the need for close supervision and gradual increases in privileges, with regular court reports and immediate notice of anything untoward (e.g., a positive drug screening). However with these precautions in place, the Court can be confident that any risk to community safety by Mr. Gunderson's conditional release will be minimal, and substantially less than the risk of dishonorable injustice and waste of public treasure, should we continue to arbitrarily lock him up in a state psychiatric institution merely because he complains too much or refuses to agree with somebody's favorite drug habits.

The Petitioner would like to thank this Court for its patience and careful scrutiny, not just in the last year, but for a number of years. He can only hope to repay that with his good behavior and productivity going forward, and through socially responsible membership in the community.

Wednesday, September 4, 2019

More Sexual Slavery at Elgin

A couple weeks ago, I spoke with an administrator at Elgin Mental Health Center. After some routine business, this individual asked me, possibly with some trepidation, something like, “Should we be expecting more news stories or lawsuits about staff having sex with patients?”

This conversation occurred maybe only a day or so after the press conference we held to announce the Dopson and Lawrence cases. I immediately assumed I was being asked about those matters, which had not yet been served on any of the Defendants. But subsequently I learned another story was brewing, which was more likely the cause for the EMHC administration’s concern.

A patient who had been confined on the White Cottage unit was released a few weeks ago to Bryn Mawr Care, a community rehabilitation facility in Chicago. Shortly after her release, it was discovered that a staff member had been having sex with her while she was at EMHC. This is, of course, a felony, and no question of “consent” is even allowed. An involuntary mental patient is in no free position to “consent” to sex with any employee of her slave masters.

I don’t yet know all the details, but I will. The staff member’s name is Mark (or maybe Daniel?) Robertson. He was reportedly “allowed to resign”. The patient and current resident at Bryn Mawr Care will remain anonymous for now, although I know her name, and I’ve spoken to several people who are familiar with her. I’m sure we’ll be in touch.

There needs to be a police report. The Illinois State Police need to investigate. The perpetrator needs to be prosecuted to the fullest extent of the law.

Anyone who knew about this and did nothing, anyone who facilitated the crime, needs to come clean about it now or be liable as an accomplice.