Cooney v. Rossiter
976 N.E.2d 441
Ill. App. Ct.2012Background
- Plaintiffs Deborah A. Cooney, Raymond L. Wietrzykowski, Rose M. Wietrzykowski, and Christopher Orlando filed an amended complaint in 2008 alleging intentional infliction of emotional distress by Rossiter.
- Rossiter was court-appointed psychological evaluator in Deborah's custody dissolution proceeding under 750 ILCS 5/605.
- Deborah obtained custody in 1998; Lorenzo filed for change of custody in 2001; Rossiter was appointed in 2004 and opined that Deborah, her mother, and father suffered Munchausen’s by proxy and that their conduct harmed Christopher.
- Rossiter concluded Christopher had mental injuries and that Deborah and family engaged in abuse, recommending removal of children and treatment for the family.
- Plaintiffs alleged Rossiter made false statements to a DCFS investigator, leading to a DCFS abuse finding; an administrative law judge affirmed the finding.
- In 2007, plaintiffs filed a federal §1983 action; the district court dismissed as to immunity, a ruling later affirmed by the Seventh Circuit; Rossiter then moved to dismiss the state case under res judicata and absolute immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does res judicata bar the IIED claim? | Res judicata does not bar the claim. | The claim is barred because of a prior final judgment and shared operative facts. | Yes; res judicata bars the IIED claim. |
| Is the court-appointed psychological evaluator absolutely immune from suit? | Illinois does not recognize absolute immunity for court-appointed evaluators. | Rossiter is absolutely immune as a court-appointed evaluator acting under the court's direction. | Yes; Rossiter is absolutely immune. |
Key Cases Cited
- Cooney v. Rossiter, 583 F.3d 967 (7th Cir. 2009) (absolute immunity for court-appointed experts; arms of the court)
- Defend v. Lascelles, 149 Ill. App. 3d 630 (1986) (absolute privilege for statements in legal proceedings)
- Brend v. Brend, 2011 IL App (1st) 102587 (Ill. App. 1st 2011) (court-appointed child representative immunity supports absolute immunity rationale)
- Benton v. Smith, 157 Ill. App. 3d 847 (Ill. App. 1987) (limits of res judicata where prior class action and individual claims diverge)