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ARTHUR v. LUTHERAN GENERAL HOSP., INC.

No. 1-97-0859.

692 N.E.2d 1238 (1998)

295 Ill. App.3d 818

230 Ill.Dec. 72

Alexander J. ARTHUR, Plaintiff-Appellant, v. LUTHERAN GENERAL HOSPITAL, INC., an Illinois Not-For-Profit Organization, and Dr. Ann Walczynski, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

March 19, 1998.

Attorney(s) appearing for the Case

Pochis & Katz, Chicago (Miles M. Dore, of counsel), for Plaintiff-Appellant.

James W. Fessler, Michael Resis of O'Hagan, Smith & Amundsen, Chicago, for Lutheran General Hospital.

Wildman, Harrold, Allen & Dixon, Chicago (David A. Kanter, Martha D. Owens, Dara J. Keidan, of counsel), for Dr. Ann Walczynski.

Justice WOLFSON delivered the opinion of the court:

The Illinois Mental Health and Developmental Disabilities Code sets out a statutory plan for involuntary admission of mentally ill persons. This case raises the question of whether a false imprisonment cause of action exists for a person who is committed in violation of a time limit in the Code. We conclude that it does.

FACTS

Some time in 1990, Alexander J. Arthur (Arthur), a 52-year-old...

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