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IN RE ESTATE OF ALLEN

No. 2-04-1205.

848 N.E.2d 202 (2006)

365 Ill. App.3d 378

302 Ill.Dec. 202

In re ESTATE OF Darlene ALLEN, Deceased (Jim Moriarity, as Special Administrator of the Estate of Darlene Allen, Deceased, Plaintiff-Appellant, v. Rockford Health Systems, Inc., d/b/a Rockford Memorial Hospital; Arthur F. Proust; DeWayne Neal; Lorri J. Lee; Emil K. Mosny; and Valeri D. Smith, Indiv. and as Employees of Rockford Health Systems, Inc., Defendants-Appellees).

Appellate Court of Illinois, Second District.

May 2, 2006.

Attorney(s) appearing for the Case

Christopher J. Taylor, Byrd & Taylor, Rockford, for Darlene Allen.

Eugene G. Doherty, Holmstrom & Kennedy, P.C., Rockford, for Lorri J. Lee, Emil K. Mosny, DeWayne Neal, Arthur F. Proust, Rockford Health Systems, Inc., Valeri D. Smith.

Justice KAPALA delivered the opinion of the court:

On July 6, 1999, defendant, Dr. Arthur F. Proust, in an attempt to determine the existence of a potentially fatal drug interaction or overdose, ordered the forcible extraction of urine and blood samples from his patient, Darlene Allen. Allen died more than two years later while her suit against the City of Rockford and several police officers under section 1983 of the Civil Rights Act (42 U.S.C. § 1983 (2000...

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