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BOWERS v. DeVITO

No. 77 C 2850.

486 F.Supp. 742 (1980)

Thomas L. BOWERS, Administrator of Estate of Marguerite Ann Bowers, Deceased, Plaintiff, v. Robert A. DeVITO, M.D., Individually and as Director, Illinois Department of Mental Health; Leroy P. Levitt, M.D., Individually and as Past Director, Illinois Department of Mental Health; Manuel dePara, M.D., Individually and as an Official of the Illinois Department of Mental Health; Carlos Castellanos, M.D., Individually and as Clinical Director of the Madden Mental Health Center; Thomas P. Benton, M.D. Individually and as In-Patient Co-Ordinator of the Subregion 9 of the Illinois Department of Mental Health; Chun C. Tsai, M.D., Individually and as Director of Family Services and Mental Health Center of Oak Park and River Forest; and C. K. Chen, M.D., Individually and as Director of Family Services and Mental Health Center of Oak Park and River Forest, Defendants.

United States District Court, N. D. Illinois, E. D.

March 18, 1980.

Attorney(s) appearing for the Case

Lester E. Munson, Smith & Munson, Ltd., Chicago, Ill., for plaintiff.

Alan E. Grischke, Christine A. Bremer, Counsel for Dept. Mental Health & Developmental Disabilities, John G. Langhenry, E. Michael Kelly, Hinshaw, Culbertson, Moelmann Hoban & Fuller, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This action arises out of the murder of Marguerite Anne Bowers by Thomas Vanda, who had been released from the custody of the Illinois Department of Mental Health and Development Disabilities (DMHDD). Vanda, who has been diagnosed as schizoid and a borderline psychotic, has a lengthy history of violent behavior. In November, 1971, Vanda was arrested and charged with the knife-murder of a minor. On June...

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