Cooney v. Rossiter

Plaintiff (ex-wife) and her parents sought damages for intentional infliction of emotional distress. Defendant is a psychiatrist who was court-appointed to make recommendations in connection with plaintiff’s custody dispute with her ex-husband, following the 1998 entry of a marriage dissolution judgment. Plaintiff initially requested the evaluation, but was unhappy with the results. Defendant reported that plaintiff and her parents were delusional and that the children should be removed from their mother’s custody and have no further contact with her. A change of custody was granted. The Department of Children and Family Services later made a finding of abuse and neglect against the plaintiff. Plaintiff accused defendant of making false statements and a false evaluation. The trial court dismissed on the basis of res judicata; the appellate court affirmed. The Illinois Supreme Court affirmed, based on a separate civil rights class action that plaintiff had filed earlier in federal court against defendant and others for their role in custody proceedings. That action was dismissed for the immunity of such evaluators, and that dismissal was affirmed on appeal.View "Cooney v. Rossiter" on Justia Law