Member Groups

Diversity Leadership Council Newsletter
The newsletter of the ISBA’s Diversity Leadership Council

June 2008, vol. 2, no. 1

Now every article is the start of a discussion. If you're a member of the Illinois State Bar Association, you can comment on either of the articles that appear below.

In This Issue…

Related Court Cases

Involuntary Administration of Medication
In re Clinton S.

Court granted petition for involuntary administration of psychotropic medication and ordered that Respondent, who had been diagnosed with end-stage kidney failure, undergo regular hemodialysis treatments, based on evidence that hemodialysis was essential for safe and effective administration of medication. Court did not err by factoring hemodialysis into its consideration of whether benefits of psychotropic medication outweighed harm. Petition and testimony of Respondent's treating psychiatrist provided enough details to show that psychiatrist had meaningfully weighed benefits and harm of requested medications, and her treatment plan addressed Respondent's mental and physical health conditions, which were inextricably linked.(BIRKETT and SPENCE, concurring.)

Retaliation
Mendez v. The Town of Cicero

Plaintiff filed suit alleging that Town retaliated against her for reporting alleged sexual harassment by deputy police superintendent toward a subordinate, by transferring her from executive administrative assistant to superintendent to clerk in building department. Jury found that transfer was retaliatory, but did not award her damages for alleged emotional distress and lost future earnings. Court separately ruled Plaintiff was entitled to reinstatement and awarded her $330,412 in attorney fees. Award of attorney fees was reasonable. Fees are not required to be proportional to amount of Plaintiff's own award. Reinstatement vindicated Plaintiff's right under Human Rights Act to be free from retaliation for reporting sexual harassment. Plaintiff's refusal to accept Town's unilateral decision to transfer her was not a pretext to inflate attorney fees and costs.  (FITZGERALD SMITH and LAVIN, concurring.)

Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. Copyright Illinois State Bar Association. Statements or expressions of opinion appearing herein are those of the authors and not necessarily those of the Association or Editors, and likewise the publication of any advertisement is not to be construed as an endorsement of the product or service offered unless it is specifically stated in the ad that there is such approval or endorsement.