People v. Israel

664 N.E.2d 1032, 278 Ill. App. 3d 24, 216 Ill. Dec. 104, 1996 Ill. App. LEXIS 104
CourtAppellate Court of Illinois
DecidedFebruary 28, 1996
Docket2 — 95 — 0623
StatusPublished
Cited by43 cases

This text of 664 N.E.2d 1032 (People v. Israel) 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
People v. Israel, 664 N.E.2d 1032, 278 Ill. App. 3d 24, 216 Ill. Dec. 104, 1996 Ill. App. LEXIS 104 (Ill. Ct. App. 1996).

Opinions

JUSTICE INGLIS

Respondent, Brad Israel, appeals the order of the circuit court of Winnebago County which granted the State’s motion to involuntarily administer psychotropic medication to respondent. We reverse.

On February 6, 1995, the State filed a petition to involuntarily administer psychotropic drugs to respondent pursuant to section 2 — 107.1 of the Mental Health and Developmental Disabilities Code (Code) (405 ILCS 5/2 — 107.1 (West 1994)). After hearing extensive testimony, including respondent’s own testimony, the court denied the petition on the grounds that the State had failed to prove by clear and convincing evidence that (1) respondent lacked the capacity to make a reasoned decision regarding the medication; and (2) the benefits of the medication would outweigh the harm.

On April 11, 1995, the State again filed a petition seeking to involuntarily administer psychotropic drugs to respondent. The trial court dismissed that petition on the grounds of res judicata.

On April 18, 1995, the State filed another petition for the involuntary administration of psychotropic drugs, which petition is the subject of the present appeal. Respondent filed a motion to dismiss on the grounds of res judicata, collateral estoppel, substituted judgment, and lack of refusal to take a psychotropic medication. The court denied respondent’s motion, and the matter proceeded to trial.

The State’s first witness was Scott Reese, an employee of the Singer Mental Health Facility (facility), where respondent is currently residing. Reese testified that on May 16, 1995, he was working at the facility. Reese observed an incident in which respondent and a female patient bumped into each other. Reese indicated that respondent grabbed the female patient and struck her with his hand. Reese testified that the female patient had a red mark on her forearm and cheek from respondent’s actions.

The State then called Darleen Brunke, a registered nurse at the facility. She testified that on March 30, 1995, respondent had indicated that he was feeling better because his head and neck were now connected.

The next witness to testify was Diane Clevenger, a licensed practical nurse at the facility. She testified that on April 10, 1995, the facility staff had requested that respondent move away from a table. Respondent refused, whereupon Clevenger pulled his chair back. Respondent then accused Clevenger of assaulting him, and he said he was going to call his lawyer and sue her. Clevenger also indicated that respondent told her that he had been at the facility since he was 14 years old and that he had been cut several times between his legs and had been sexually assaulted.

Clevenger also testified that on April 13, 1995, she overheard a telephone conversation between respondent and an unknown party. Clevenger indicated that respondent again indicated that he had been in the facility for 14 years, had been cut on the legs several times, and had been sexually assaulted. Respondent also indicated that his genitals had been cut off but that God had reattached them.

She further testified that on April 11 or April 12, 1995, respondent refused to get out of bed. When she and other staff members entered his room to get him out of bed, respondent accused them of assaulting him. He further indicated that he was going to have them charged with an assault and battery.

The next witness to testify was Dr. Kamal Modir, respondent’s psychiatrist. Dr. Modir testified that, while respondent was suffering from a mental illness, he was unable to specifically diagnose the exact type of mental illness which was afflicting respondent. Dr. Modir testified that respondent displayed paranoid thoughts and hostility. Dr. Modir also testified that respondent often would become explosive and aggressive and continued to exhibit delusional thought patterns.

Dr. Modir testified that, in the past, respondent had been cooperative with his treatment and had been functioning more rationally. However, Dr. Modir testified that lately respondent had become uncooperative and that the incidents of respondent’s inappropriate behavior were increasing.

Dr. Modir indicated that the two psychotropic drugs which he was seeking to administer to respondent were Risperdal and Haldol. Dr. Modir testified that respondent would greatly benefit from these drugs in that he would become more rational in his thinking, his delusional ideation would decrease, and he would be much more rational in his relationships with other people. Dr. Modir indicated that, if respondent were to take these medications, it might be possible that he would be able to function outside of the facility.

• Dr. Modir did admit that there could be some harmful side effects from the medications. Dr. Modir indicated that there were fewer side effects associated with Risperdal than with Haldol. Possible side effects which might be associated with Risperdal include tardive dyskinesia and neuroleptic malignant syndrome. Possible side effects which are associated with Haldol also include tardive dyskinesia, neuroleptic malignant syndrome, and insomnia. Dr. Modir testified that the chances of respondent experiencing these side effects were minimal considering the low dose which Dr. Modir was seeking to administer.

Respondent had previously been on both Haldol and Risperdal. There is, however, a discrepancy as to whether respondent had actually been taking the Risperdal when it was given to him. During the period of time when respondent was allegedly taking the Risperdal, he complained that he had trouble breathing, and respondent did receive emergency medical attention. Respondent was given Cogentin, a medication which is used to combat the side effects of Risperdal. However, when respondent’s blood was tested, there was no evidence of Risperdal in respondent’s system, which led Dr. Modir to conclude that respondent had not been taking Risperdal as prescribed.

Respondent also had previously been on Haldol, but had also complained of side effects. Both drugs were discontinued in light of respondent’s complaints. Respondent had also been treated for lithium toxicity several years previous.

Dr. Modir testified that he explained the benefits and possible side effects of the medications to respondent and that respondent refused either medication. Dr. Modir indicated that respondent did not feel that his previous experience with both Risperdal and Haldol had been beneficial. Respondent further indicated that the risk of the side effects of the medication was unacceptable to him.

The court then inquired as to Dr. Modir’s basis for concluding that respondent’s reason for refusing the medications was irrational. Dr. Modir responded that respondent did not believe he was mentally ill and was under the impression that everyone was against him. While Dr. Modir did admit that respondent had complained of side effects in the past, because respondent had not been taking the Risperdal that was given to him, it was Dr. Modir’s opinion that any problems which respondent may have experienced were not caused by the Risperdal. Dr. Modir indicated that while respondent was taking the Haldol he did not observe that respondent experienced any side effects from the Haldol.

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

Related

In re John F.
2022 IL App (1st) 220851 (Appellate Court of Illinois, 2022)
In re Marcus S.
2022 IL App (3d) 170014 (Appellate Court of Illinois, 2022)
In re Robert M.
2020 IL App (5th) 170015 (Appellate Court of Illinois, 2020)
People v. Bonnie S. (In Re Bonnie S.)
2018 IL App (4th) 170227 (Appellate Court of Illinois, 2018)
In re Beverly B.
2017 IL App (2d) 160327 (Appellate Court of Illinois, 2017)
In re Torry G.
2014 IL App (1st) 130709 (Appellate Court of Illinois, 2014)
In re Donald L.
2014 IL App (2d) 130044 (Appellate Court of Illinois, 2014)
In Re Vanessa K.
2011 IL App (3d) 100545 (Appellate Court of Illinois, 2011)
People v. Nicholas L.
944 N.E.2d 384 (Appellate Court of Illinois, 2011)
In re Nicholas L.
Appellate Court of Illinois, 2011
People v. Wendy T.
940 N.E.2d 237 (Appellate Court of Illinois, 2010)
In re Wendy T.
Appellate Court of Illinois, 2010
In Gloria C.
Appellate Court of Illinois, 2010
People v. Gloria C.
929 N.E.2d 1136 (Appellate Court of Illinois, 2010)
People v. Val Q.
919 N.E.2d 976 (Appellate Court of Illinois, 2009)
In re Val Q.
Appellate Court of Illinois, 2009
People v. Larry B.
914 N.E.2d 1243 (Appellate Court of Illinois, 2009)
People v. Michael H.
912 N.E.2d 703 (Appellate Court of Illinois, 2009)
People v. Suzette D.
904 N.E.2d 1064 (Appellate Court of Illinois, 2009)
In re Lisa P.
Appellate Court of Illinois, 2008

Cite This Page — Counsel Stack

Bluebook (online)
664 N.E.2d 1032, 278 Ill. App. 3d 24, 216 Ill. Dec. 104, 1996 Ill. App. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-israel-illappct-1996.