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Simmons v. Campion

Court of Appeals of Illinois, Third District

June 25, 2013

GREG SIMMONS, Plaintiff-Appellant,
v.
MICHAEL A. CAMPION, and CAMPION, BARROW AND ASSOCIATES, Defendants-Appellees.

Appeal from the Circuit Court of the 10th Judicial Circuit, Tazewell County, Illinois, Appeal No. 3-12-0562 Circuit No. 08-L-46 Honorable, Scott A. Shore and Stuart P. Borden, Judges, Presiding.

Justices Lytton and O'Brien concurred in the judgment and opinion.

OPINION

CARTER JUSTICE

¶1 In 2008, the plaintiff, Greg Simmons, filed a civil complaint against the defendants, Dr. Michael Campion and Campion, Barrow & Associates, in regard to a psychological evaluation that Dr. Campion performed on the plaintiff in 2006. In January 2012, the plaintiff was allowed to file a third amended complaint. The defendants filed a motion to dismiss, which the circuit court granted after a hearing. On appeal, the plaintiff argues that the court erred when it dismissed the complaint pursuant to section 2-615 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 2010)) and section 2-619 of the Code (735 ILCS 5/2-619 (West 2010)). We affirm.

¶ 2 FACTS

¶ 3 The city of Pekin hired the plaintiff as a police officer in 1995. In March 2006, the Pekin police chief ordered the plaintiff to submit to a psychological evaluation. Defendant Dr. Michael Campion, a psychologist, performed the evaluation at his place of business on March 23, 2006, where the plaintiff signed a form stating that he understood the process and that contained the following paragraph:

"It is important to remember that the testing experience IS NOT confidential in that, in most cases, an agency, physician, insurance company, or attorney has requested a report. You should have been informed of this prior to your participation in this process. However, if you have not been informed, please feel free to discuss this with Dr. Campion or a staff member. You will be asked to sign a Release of Information that will designate to whom the report will be sent." (Emphasis in original.)

The next day, the police department informed the plaintiff that he had been found unfit for duty and that he was prohibited from entering the police department.

¶ 4 On March 28, 2006, the plaintiff signed a form that stated he agreed the defendants could release the results of the psychological evaluation to the police chief or his designee. The form also stated that the plaintiff retained his right to confidentiality and other rights available to him under the Mental Health and Developmental Disabilities Confidentiality Act (the Act) (740 ILCS 110/1 et seq. (West 2006)). On March 30, 2006, the plaintiff signed another form in which he agreed to allow the defendants to release the results of the psychological evaluation to the police chief and the Pekin police department.

¶ 5 Dr. Campion's written report was issued in mid-April 2006. In that report, Dr. Campion opined that the plaintiff suffered from a personality disorder, which included narcissistic, aggressive, and paranoid features. Dr. Campion recommended that the plaintiff undergo biweekly therapy with a licensed psychologist for a period of 12 months and that he submit to a psychiatric evaluation. In early May 2006, the Pekin police department ordered the plaintiff to comply with Dr. Campion's recommendations and to have his therapist report his progress to Dr. Campion.

¶ 6 The plaintiff obtained three independent psychological evaluations between May and November 2006; all three psychologists disagreed with Dr. Campion's diagnoses and recommendations.

¶ 7 Based on Dr. Campion's finding that the plaintiff was not fit for duty, the plaintiff was not allowed to work for the Pekin police department between late March 2006 and September 2008.

¶ 8 The plaintiff initiated the instant case in 2008 when he filed a civil complaint against the defendants in which he alleged professional negligence in connection with the March 2006 psychological evaluation. The plaintiff was allowed to amend the complaint twice. The second amended complaint listed four causes of action: (1) professional negligence; (2) fraudulent misrepresentation; (3) negligent misrepresentation; and (4) an action for damages under section 15 of the Act (740 ILCS 110/15 (West 2006)).

¶ 9 On December 7, 2011, the circuit court held a hearing on the defendants' combined motion for summary judgment and to dismiss. After the hearing, the court granted summary judgment in favor of the defendants on count I and granted dismissal without prejudice pursuant to section 2-615 of the Code on counts II, III, and IV. The court also gave the plaintiff time to file an amended complaint.

ΒΆ10 On January 4, 2012, the plaintiff filed a third amended complaint in which he listed four causes of action: (1) an action for damages under section 15 of the Act; (2) tortious interference with a contractual or business relationship; (3) fraudulent misrepresentation; and (4) negligent misrepresentation. In the first cause of action, the plaintiff alleged that the defendants provided "mental health services" to the plaintiff as defined by the Act and then disclosed confidential mental health information in violation of the Act. In the second cause of action, the plaintiff alleged that the defendants' disclosures interfered with the plaintiff's contractual employment agreement with the Pekin police department. In the third cause of action, the plaintiff alleged that the defendants misrepresented the plaintiff's mental health to the Pekin police department or at least commented on the plaintiff's mental health without knowing whether those ...


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