Cooney v. Rossiter
2012 IL 113227
Ill.2013Background
- Deborah Cooney was awarded custody of two children; ex-husband sought custody change and a court-appointed evaluator was requested under 750 ILCS 5/605.
- Lyle Rossiter, a psychiatrist, evaluated the children’s custody and recommended removal from Deborah and her parents, and limited contact with the children, plus DCFS reporting.
- The circuit court granted the custody change and emergency visitation order, and DCFS investigated Deborah based on Rossiter’s evaluation.
- In 2007, Deborah and two others filed a federal class action under 42 U.S.C. § 1983 against Rossiter and others; the federal court dismissed the case with immunity noted for court-appointed evaluators.
- Deborah and her parents then filed a state court claim for intentional infliction of emotional distress against Rossiter, which the circuit court dismissed as res judicata and for absolute immunity.
- The appellate court affirmed the dismissal; the supreme court affirmed in part and vacated in part, ultimately upholding res judicata and vacating the immun ity ruling on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does res judicata bar the state claim? | Cooney argued no identity of cause of action between federal and state suits. | Rossiter argued identity of cause of action exists; federal and state claims arise from same facts. | Yes; res judicata bars the state claim. |
| Is the court-appointed evaluator absolutely immune from suit? | Immunity should not extend to state tort claim for emotional distress. | Evaluator enjoys absolute quasi-judicial immunity. | No need to decide due to res judicata; immunity not reached on merits. |
Key Cases Cited
- River Park, Inc. v. City of Highland Park, 184 Ill. 2d 290 (1998) (elements of res judicata and transactional approach)
- Torcasso v. Standard Outdoor Sales, Inc., 157 Ill. 2d 484 (1993) (single group of operative facts; single cause of action)
- Robinson v. Toyota Motor Credit Corp., 315 Ill. App. 3d 1086 (2000) (class action limitations on individual claims)
- Bartlett v. Weimer, 268 F.2d 860 (7th Cir. 1959) (immunity for court-appointed personnel)
- Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009) (federal immunity discussions in related action)