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Carroll v. Paddock12/11/2000
Plaintiff, Paul D. Carroll, as the administrator of the estate of Joshua A. Carroll, appeals the order of the circuit court of Edgar County dismissing his complaint against defendants, Human Resources Center of Edgar and Clark Counties (HRC), Jerry Paddock (Paddock), Rod Neeson (Neeson), and Mamerto Guinto, M.D. (Guinto), and granting Paris Community Hospital's (Hospital) motion for summary judgment pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/1-101 through 10-101 (West 1998)). Plaintiff also appeals the circuit court's dismissal of his February 15 and April 24, 2000, motions for a declaration of unconstitutionality of a portion of section 1-206 of the Act (745 ILCS 10/1-206 (West 1998)). Plaintiff argues on appeal that (1) HRC and the Hospital are not local public entities under section 1-206 of the Act and are therefore not entitled to invoke the one-year statute of limitations under section 8-101 of the Act (745 ILCS 10/8-101 (West 1998)); (2) section 1-206 of the Act, purporting to give governmental tort immunity to "any not-for-profit corporation organized for the purpose of conducting public business" (745 ILCS 10/1-206 (West 1998)), is unconstitutional as constituting special legislation in violation of section 13 of article IV of the Illinois Constitution of 1970 (Ill. Const. 1970, art. IV, §13); and (3) section 1-206 of the Act is unconstitutional in that it cedes or delegates to private entities the sovereign immunity that belongs solely and exclusively to the state. Because we agree with the plaintiff on the first issue, we do not consider his constitutional challenges. We reverse and remand.
I. BACKGROUND
The following facts are taken from plaintiff's well-pleaded complaint, exhibits, and discovery depositions filed in the record. On April 14, 1997, Paul and Patricia Carroll brought their son, Joshua, to the emergency room of the Hospital after he attempted suicide by slashing his wrists, swallowing a large number of thyroid pills and ibuprofen tablets, and by ingesting a half glass of liquid pesticide. Joshua saw Paddock and Guinto while in the emergency room. The Hospital did not admit Joshua but discharged him from the emergency room on that same day. On April 15, 1997, Paul and Patricia took their son to HRC's facilities in Paris, Illinois , where Joshua received psychological assessment, care, and treatment from Neeson. Later that morning, Joshua committed suicide at his home by means of a shotgun.
HRC is a not-for-profit corporation. According to its articles of incorporation, it is organized " xclusively for charitable and educational purposes, the purposes being limited to those set forth in section 501(c)(3) of the Internal Revenue Code [(26 U.S.C. §501(c)(3) (1994))]." The articles also provide that " o part of [HRC's] net income will inure to the benefit of private individuals," and "the organization will not be operated for the benefit of private individuals or designated individuals, the creators or their families, or persons controlled directly or indirectly by such private interest." Further, HRC's mission statement explains that the corporation shall "promote and conserve the mental health of the people of Edgar and Clark ounties."
HRC is composed of three divisions: developmental disabilities, community services, and clinical services. First, HRC provides services to developmentally disabled persons, in part, through vocational rehabilitation programs, including work opportunities at Café France, an on-site restaurant at HRC; private contracts for laundry services; and a contract with the Illinois Department of Transportation for cleanup service at an I-70 rest area. HRC also provides
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