Hahn v. Police Pension Fund of City of Woodstock

485 N.E.2d 871, 138 Ill. App. 3d 206, 92 Ill. Dec. 825, 1985 Ill. App. LEXIS 2671
CourtAppellate Court of Illinois
DecidedNovember 20, 1985
Docket84-0814
StatusPublished
Cited by52 cases

This text of 485 N.E.2d 871 (Hahn v. Police Pension Fund of City of Woodstock) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hahn v. Police Pension Fund of City of Woodstock, 485 N.E.2d 871, 138 Ill. App. 3d 206, 92 Ill. Dec. 825, 1985 Ill. App. LEXIS 2671 (Ill. Ct. App. 1985).

Opinion

PRESIDING JUSTICE NASH

delivered the opinion of the court:

Plaintiff, Lawrence L. Hahn, appeals from an order of the circuit court of McHenry County which, on administrative review, affirmed the decisions of the board of trustees of the police pension fund of the city of Woodstock (board) that denied the plaintiff a “not on duty” disability pension under section 3 — 114.2 of the Illinois Pension Code. 111. Rev. Stat. 1983, ch. IO8V2, par. 3 — 114.2.

Plaintiff raises two assignments of error: (1) that the decision to deny the disability pension was against the manifest weight of the evidence; and (2) that his resignation from the police force did not foreclose his right to a disability pension.

Plaintiff had worked for the Woodstock police department since October 1974. After struggling with marital problems since late 1980, plaintiff voluntarily admitted himself on March 2, 1981, to River Edge Hospital in Forest Park. Marijuana and alcohol use, along with difficulties in relations with his superiors, also contributed to his condition. He was discharged and returned to active duty after five weeks of hospitalization. He was readmitted to the hospital on September 9, 1981, after suffering recurring periods of major depression and discharged himself three days later.

Plaintiff continued his patrolman duties until early 1982, when Police Chief William Patrick suspended him and filed charges against him with the board on the basis of a provision relating to the unlawful use of a weapon. (111. Rev. Stat.. 1981, ch. 38, par. 24 — 3.1(a)(5).) That section provides:

“A person commits the offense of unlawful possession of firearms or firearm ammunition when *** [h]e has been a patient in a mental hospital within the past 5 years and has any firearms or firearm ammunition in his possession ***.”

Patrick also charged Hahn with smoking marijuana while he was a member of the police department.

On February 26, 1982, plaintiff applied to the board for a “not on duty” disability pension. (111. Rev. Stat. 1981, ch. lOB1^, par. 3— 114.2.) He tendered his resignation to Chief Patrick on March 29, 1982, and therein specifically preserved any rights he had based on the pension application. Hearings on the application began on September 16, 1982, and continued irregularly until June 4, 1983. The board denied plaintiff the pension on July 21, 1983. Holding that it was not against the manifest weight of the evidence, the circuit court affirmed the decision on August 13,1984. This appeal followed.

Plaintiff first argues that the board’s decision was against the manifest weight of the evidence. Eight medical experts testified as to plaintiff’s condition after examinations on various dates.

Dr. Ramesh Vemuri, a psychiatrist, examined Hahn during his two periods of hospitalization at the River Edge Hospital and found him extremely depressed due to his pending divorce. However, Vemuri authorized Hahn’s return to work after both stays, believing plaintiff had recovered sufficiently to resume his duties as a patrolman.

Psychiatrist James Magnuson testified that he had determined plaintiff to be unfit to perform as a police officer after an examination on March 8, 1982. Citing plaintiff’s sleep disorders, fluctuating appetite and reduced ability to concentrate, Magnuson stated that Hahn suffered from major depression and was emotionally disabled. Magnu-son also testified he had suggested plaintiff seek psychiatric assistance, which would have eliminated or reduced plaintiff’s problem, but Hahn never contacted him about such assistance.

Dr. Donald Sellers, a psychiatrist, examined Hahn on March 8, 1982, and determined Hahn was disabled from performing his duties as a patrolman due to his earlier major depression. Although Hahn appeared very well adjusted, with no evidence of depression or mental illness, and seemed to be recovering at that time, Sellers testified that a return to work would precipitate another attack of depression or anxiety.

Psychiatrist Richard Banta testified that he had examined plaintiff on March 22, 1982, and that, despite his depression and passive-aggressive personality, Hahn had appeared capable of performing police work. He had recommended that Hahn undergo psychiatric therapy and return to work to resolve his depression.

Dr. Samuel Goldman, a psychiatrist, testified that he had examined Hahn on April 13 and 15, 1982, and had considered him unfit to perform the duties of a patrolman. According to Goldman, plaintiff’s depressive symptoms and history of excessive drinking influenced his judgment and his emotional stability. Goldman also testified that plaintiff had shown improvement and could be cured by psychotherapy.

Danielle Straub, a psychologist with the Family Services and Community Mental Health Center in McHenry County, counseled plaintiff weekly from September 20, 1982, through November 5, 1982. She reported that the severity of his depression and negative self-image fluctuated, but he had generally improved during the counseling. At that time, he attended Alcoholics Anonymous meetings almost daily. Straub also testified that Hahn was unfit to perform the stressful duties of a police officer, especially handling situations involving domestic violence.

Donald Shepard, a psychologist commissioned by the board, examined Hahn and gave him a clinical psychology test on November 2, 1982. Shepard testified that plaintiff suffered at that time from alcohol abuse, depression, generalized anxiety, hypersensitivity, passive-aggressive personality disorder and had a dependent personality. Despite these problems, Shepard believed Hahn was capable of performing effectively as a police officer, but warned that heavy stress could exaggerate Hahn’s symptoms. He had also recommended plaintiff undergo therapy.

Lastly, psychiatrist Robert Wasson testified that he had examined plaintiff for the board on December 2, 1982, and had found him capable of performing as a police officer, based on psychological tests and a 45-minute interview. Though plaintiff could benefit from continued activity in Alcoholics Anonymous, Wasson felt he did not need any specific psychiatric treatment.

On the basis of this testimony, plaintiff asserts that the board’s decision is against the manifest weight of the evidence and should thus be overturned. The standards for such a reversal are clear. To make such a finding, a court must conclude that “ ‘all reasonable and unbiased persons,- acting within the limits prescribed by the law and drawing all inferences in support of the finding, would agree that the finding is erroneous,’ [citation] and that the opposite conclusion is clearly evident.” (O’Boyle v. Personnel Board (1983), 119 Ill. App. 3d 648, 653, 456 N.E.2d 998.) It is not sufficient that there are “[m]ere conflicts in testimony” (Altman v. Board of Fire & Police Commissioners (1982), 110 Ill. App. 3d 282, 284, 442 N.E.2d 305) or that an opposite conclusion might be reasonable (Knop v. Department of Registration & Education (1981), 96 Ill. App.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Snyder v. Gurnee Police Pension Board
Appellate Court of Illinois, 2026
Vokac v. The Berwyn Police Pension Fund
2025 IL App (1st) 240338 (Appellate Court of Illinois, 2025)
Vokac v. Berwyn Police Pension Fund
2025 IL App (1st) 240338-U (Appellate Court of Illinois, 2025)
Girot v. Board of Trustees of the Braidwood Police Pension Fund
2021 IL App (3d) 200008-U (Appellate Court of Illinois, 2021)
McCaffrey v. Village of Hoffman Estates
2021 IL App (1st) 200395 (Appellate Court of Illinois, 2021)
Stafford v. Board of Trustees of the Crest Hill Police Pension Fund
2021 IL App (3d) 190779-U (Appellate Court of Illinois, 2021)
Keeling v. Board of Trustees of the Forest Park Police Pension Fund
2017 IL App (1st) 170804 (Appellate Court of Illinois, 2018)
Hoffman v. Orland Firefighters' Pension Board - Corrected
2012 IL App (1st) 112120 (Appellate Court of Illinois, 2012)
Kramarski v. Board of Trustees of Orland Park Police Pension Fund
931 N.E.2d 851 (Appellate Court of Illinois, 2010)
Marconi v. Chicago Heights Police Pension Board
870 N.E.2d 273 (Illinois Supreme Court, 2007)
Marconi v. Chicago Heights Police Pension Board
836 N.E.2d 705 (Appellate Court of Illinois, 2005)
Miller v. Hill
Appellate Court of Illinois, 2003
DiFiore v. Retirement Board of the Policemen's Annuity & Benefit Fund
729 N.E.2d 878 (Appellate Court of Illinois, 2000)
O'NEILL v. Rodriguez
699 N.E.2d 1081 (Appellate Court of Illinois, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
485 N.E.2d 871, 138 Ill. App. 3d 206, 92 Ill. Dec. 825, 1985 Ill. App. LEXIS 2671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hahn-v-police-pension-fund-of-city-of-woodstock-illappct-1985.