Cooney v. Rossiter

Illinois Supreme Court
Civil Court
Res Judicata
Citation
Case Number: 
2012 IL 113227
Decision Date: 
Friday, December 28, 2012
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court affirmed; appeal dismissed.
Justice: 
KILBRIDE
Plaintiff sued court-appointed psychological custody evaluator for intentional infliction of emotional distress. Federal court had previously dismissed Plaintiff's separate class action against evaluator and others alleging civil rights violation, based on immunity of evaluators. Appellate court properly dismissed Plaintiff's state court action as barred by res judicata, there was identity of parties in both suits. Res judicata promotes judicial economy, and claims in two suits arose out of same operative facts. (THOMAS, GARMAN, and KARMEIER, concurring; BURKE, FREEMAN, and THEIS, specially concurring.)