Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
JOHNSON v. BRELJE
October 1, 1981
WILLIAM JOHNSON, BY HIS CONSERVATOR, RICHARD JOHNSON, ON HIS OWN BEHALF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
TERRY BRELJE, PH.D., SUPERINTENDENT OF CHESTER MENTAL HEALTH CENTER, ROBERT DEVITO, DIRECTOR, ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, DEFENDANTS.
The opinion of the court was delivered by: Aspen, District Judge:
This case came before the court on cross motions for summary judgment.
In a Memorandum Opinion and Order issued on August 18, 1981,
521 F. Supp. 723, this court ruled on all issues raised in the cross
motions for summary judgment, except for the alleged denial of periodic
reviews prior to January 1, 1979. The parties have agreed in open court
that this issue is now moot based upon the finding by this court that the
defendants cannot be held liable for damages in this action.
In furtherance of the Order and Opinion of August 18, 1981, and in
order to fully and finally resolve the issues raised before this court in
this case, IT IS HEREBY ORDERED AS FOLLOWS:
"Chester" means the Chester Mental Health Center. "DMHDD" means the
Illinois Department of Mental Health and Developmental Disabilities.
"Future USTs" means those defendants who will be found unfit to stand
trial and referred to DMHDD for admission subsequent to November 1,
1981, and who are assigned to Chester.
"Admission" means the initial placement of a future UST in a facility
"Transfer" means the reassignment of a future UST from one DMHDD
facility to another.
Effective November 1, 1981, all admissions and transfers to Chester of
persons found unfit to stand trial, shall be in accordance with these
1. Admissions to Chester.
a. Ten (10) days prior to the proposed placement at
Chester, DMHDD shall serve written notice to the
future UST and his attorney, of the proposed
assignment to Chester. The notice shall include the
evidentiary basis for the assignment, a statement
that a hearing may be requested to contest the
assignment, and the name of the person to whom a
request for a hearing should be directed.
b. If a request for a hearing is received prior to the
scheduled date for admission to Chester a hearing
will be convened. The hearing will take place within
fourteen (14) days of receipt of the request.
A neutral and detached hearing officer will be
appointed. The hearing officer will be a physician,
psychiatrist, clinical psychologist or qualified
examiner; but in no case will s/he have been
involved in the evaluation process. The future UST
Buy This Entire Record For