Simmons v. Campion

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120562
Decision Date: 
June 25, 2013
District: 
3d Dist.
Division/County: 
Tazewell Co.
Justice: 
CARTER
Holding: 
Affirmed.
City police officer was ordered to submit to a psychological examination. The next day, police department told Plaintiff he had been found unfit for duty, and refused to allow him to work for police department for 2 1/2 years. Plaintiff sued psychologist for damages under Section 15 of Mental Health Confidentiality Act, and fraudulent and negligent misrepresentation as to his examination. Court properly dismissed Section 11 of the Act immunizes from liability based on psychologist's belief that Plaintiff posed threat and made his disclosure pursuant to that belief. Defendants presented affirmative matters defeated claims for misrepresentation, and Plaintiff failed to show reasonable reliance on Defendants' statements. (LYTTON and O'BRIEN, concurring.)