thirstforjustice.tripod.com/griffgjcll1113.html

Cover Letter to Grand Jury Foreperson/Demand to USDC ND of IL Chief Judge & USMS and Office of U.S. Attorney for the Northern District of IL

Robert J. More ("RJM")

P.O. Box 6926

Chicago, IL 60680

anselm45@gmail.com, (863) 688-9880 –lv msg

Federal Grand Jury Foreperson

Federal Grand Jury for the United States District Court, Northern District of IL

13th or 16th or some other Floor

Federal Building

219 S. Dearborn St.

Chicago, IL, 60680

Chief Judge of United States District Court for the Northern District of IL (“USDC-NDIL”), R. Castillo

Chambers of the Chief Judge of the USDC-NDIL,

Federal Building

219 S. Dearborn St.

Chicago, IL, 60680

United States Marshal Service

Suite 2400

219 S. Dearborn St.

Chicago, IL, 60604

Office of the United State's Attorney for the Northen District of IL

Suite 500

219 S. Dearborn St.

Chicago, IL, 60604

hairman of the Judiciary Committee of the House of Representative of the U.S. Congress

Office Building

Washington, DC - via email

United States Senator for Kentucky, Rand Paul - via email

United States Senator Theodore Cruz - via email

FEMA Red and Blue Listers, Children Under the Age of Reason, Whatever Posterity Providence would Permit and Anyone Interested in the Matters Concerned, in General - via posting to website whose URL is included herein

11/20/13

Dear Federal Grand Jury Foreperson (“FGJF”), and Undear Chief Judge of the USDC-NDI, R. Castillo (“Chief Judge”) and Whatever Member(s) of the USMS (is) (are) responsible for the maintenance of the arrangement presently prevailing in the geographical area constituting the “Northern District of IL” (“NDIL”) for purpose(s) of the delineation of the jurisdiction of the federal judiciary in regard to such area, in which citizens are prevented via the notification from the USMS of intent of the USMS to endeavor to effect arrest in regard to any initiative(s) undertaken to present evidence of alleged and/or actual violations of provisions of the United States Code and/or the Constitution of the u.s. of A. in which is contained provision for criminal prosecution and punishment by any activity conductor not listed by role and/or title in the Order issued by the Chief Judge referencing the entirety of types of activity conductors permitted to access the FGJ in the NDIL, which is dated March 26, 2007 (“Order of 3/26/07 re Access to FGJ”), and Office of the United State's Attorney for the Northern District of IL, and Asst. U.S. Attorney Thomas Walsh,

On 11/20/13 at 13:35 p.m. Robert J. More delivered a paper copy of all of the documents numbered "1" thru "4" listed in the "Document List of 11/20/13" which accompanies this document and all five documents referenced wherein upon a CD which was attached to such documents, via the leaving of such at the Front Desk in the Dirksen Federal Bldg. ("DFB") , 219 S. Dearborn St. Chicago, IL after RJM was informed by the Akal Representatives at such desk that RJM would not be permitted to hand deliver such documents to the Federal Grand Jury Foreperson of the FGJ presently conducting activity in the DFB via the hand delivery whereof.

RJM complains that the deprivation of citizen access to such FGJ and the independence of the grand jury as its own fourth branch of government, independent of any of the three branches of the Government of the u.s. of A. referenced in the first three articles of the Constitution of the u.s. of A. constitutes (a) federal felon(y)(ies) in violation of the provisions of 18 USC 242, and 18 USC 2381, 2383 and 2384, in that such deprivation deprives the people of the u.s. of A of the protection of the Presentment Clause of the Fifth Amendment to the Constitution of the u.s. of A., namely the capacity to prosecute government crime free from any detrimental effects of conflicts of interest to which any government prosecutor and/or judge would ever be subjected.

In U.S. v Williams (_U.S._) these matters were thoroughly enough addressed by SCOTUS Justice A. Scalia in the ratio decendi of the Opinion issued in such case that it is the informed understanding of RJM that no sane person could inculpably not understand the issue of the Independence of the Federal Grand Jury and that such independence has been adequately promulgated according to the threshold referenced in Parrat v Taylor (_U.S. _) and/or Harlow v Fitzgerald (_U.S._) in terms of binding government officials to the definitions of the scope of legitimate reliance interests delineated by the jurisprudence of the SCOTUS that no one could ever legitimately claim invincible ignorance in regard to the definition whereof. RJM now demands that the Office of the U.S. Attorney, either institute (an) information(s) or execute what acts would have to be executed in order to get indictments for the crimes explicated in the proposed True Bill which RJM submitted to the FGJ on 11/20/13, a copy of which accompanies this document either via the presentment to the FGJ of the collection of the documents of which this demand is a component part, via the authority of 18 USC 3332(a) or via any other legitimate means and then provide a report of its activity in regard to the matters this demand concerns to RJM, which in turn, RJM can provide to all of those entitled to consideration of various types, in various measures from RJM.

To reiterate, the purpose of submission of the documents submitted on 11/20/13 to the DFB Security Desk was to get criminal charges instituted in regard to the activity referenced in the file "grifcomp21412" and in the proposed "True Bill" this document accompanies, which are also included in the CD which this document accompanies.

As there are a number of statutes of limitation ("SOL"'s) set to expire on 11/25, 11/26 and/or 11/27 of 2013 in regard to the matters this letter concerns, unless such would be tolled whether via the remission of the consent of the targets of the prospective indictment sought herein or via the operation of any given tolling principle which would necessarily emanate in the Divine Order of matters transpiring under the authority of Him to Whom all authority, both in heaven and upon earth has been conferred (Matt. 28:20) from the arrangement present in regard to the matters this document concerns, at present; RJM found it necessary to transmit this document to the FGJFP today, in order that either indictments against all or some of those referenced in the proposed "True Bill" which this letter accompanies can be issued by 11/25, 11/26 and/or 11/27 of 2013, respectively, or that in a scenario in which such measure would not have been implemented by such date, so that such can be issued after such date, and/or that (an) information(s) can be issued in lieu of any indictment(s) in order to prevent the untolled expiration of any given SOL ever applicable to any of the matters this document concerns or that, at least a claim to resort to the use of a contra-predatory vigilante remedy for the purpose of adequately vindicating and protecting the interests which are supposed to be vindicated and protected via the criminal prosecution, conviction and punishment of Federal crimes committed in the u.s. of A. (but which cannot be vindicated and protected given what RJM understands to constitute the patently criminal and tortious control of the FGJ at this juncture in history by the Executive and Judicial Branches of the Federal Government), can be adequately effected entirely independently of any Committee of 300 owned, influenced and operated government entity.

At this juncture, time constraints being what they are, RJM proposes that the designated recipient(s) of this document ("DRD", "DRD's") in the FGJ simply read the proposed True Bill ("PTB") which this letter accompanies referenced herein supra, discuss such matters along with the rest of the FGJ members presently serving on the FGJ conducting evidence assessments and issuing true bills in Chicago, IL, and sign a copy of the true bill included herein infra or some such similar type document by the end of the day on 11/25/13 or in regard to those matters concerning activity conducted on 11/26/08 by 11/26/13 and in regard to those matters concerning activity conducted on 11/27/08 by 11/27/13, and execute whatever other affirmative acts would have to be executed by such time in order to get criminal charges for violations of 18 USC 242 instituted by the end of the day of any of such days, respectively against those referenced in such PTB, and that the Chief Judge, United State's Attorney and/or United State's Marshal Service execute whatever affirmative acts would have to be executed in order to ensure that criminal charges would be instituted in regard to the matters this document concerns within any untolled statues of limitations operative in regard whereto. In the coming months documents similar to this one will be transmitted to all of those to whom this document is being transmitted and RJM demands the provision of opportunitu to audit the processing whereof by each and all of those addressed herein.

Because of whatever conflict of interest it would be to which the Office of the U.S. Attorney would be subjected in regard to the matters this document concerns which is evidently present from the fact that Cook County Sheriff Thomas Dart is alleged to have been the former roomate and in any event, member of the Illinois State Senate with Present Occupant, howsoever unjustifiably of the Office of the President of the u.s. of A. , Mr. Barry Soetoro, RJM finds it necessary to herein demand that the Chief Judge appoint a special prosecutor in regard to the matters this document concerns pursuant to the provisions of 28 USC 592.

On Behalf of Everything Warmblooded, but Obviously, not by Any Express Designation, Robert J. More - Rom. 12:18-21

thirstforjustice.tripod.com/grifdl112013fgjfs.html

Document List of 11/20/13- fs - Grif Doc. # 1 of D/L of 11/20/13 fs

1. D/L of 11/20/13 - fs Grif

2. Cover letter to FGJ Foreperson, et al of 16:30 p.m.

3. D/L of 11/20/13 - Grif

The documents referenced herein supra were delivered to the parties referenced in the Cover Letter to FGJ ...16:55 p.m. on 11/20/13 to the extent RJM could deliver such on 11/20/13

Document List of 11/20/13 Doc. #3 of D/L of 11/20/13fs, Doc. # 1 of D/L of 11/20/13

1. D/L of 11/20/13 - Grif

2. Proposed True Bill of 11/20/13

3. Cover letter to FGJ Foreperson, et al

4. Guardianship and Advocacy Commission Report

5. Complaint pending in 11 CH 12339

All docs referenced herein were included on the CD delivered on 11/20/13 and all but #5 in paper submission to the FGJ to the extent such delivery could be effected on 11/20/13 thirstforjustice.tripod.com/grifdl112013fgj.html Document List of 11/20/13 - Doc. # 1 of D/L of 11/20/13 1. D/L of 11/20/13 - Grif 2. Proposed True Bill of 11/20/13 3. Cover letter to FGJ Foreperson, et al 4. Guardianship and Advocacy Commission Report 5. Complaint pending in 11 CH 12339 All docs referenced herein were included on the CD delivered on 11/20/13 and all but #5 in paper submission to the FGJ to the extent such delivery could be effected on 11/20/13

…/griffgjcll1113.html - Doc. # 3 in D/L of 11/20/13

Cover Letter to Grand Jury Foreperson/Demand to USDC ND of IL Chief Judge & USMS

Robert J. More ("RJM")

P.O. Box 6926

Chicago, IL 60680

anselm45@gmail.com, (863) 688-9880 –lv msg

Federal Grand Jury Foreperson

Federal Grand Jury for the United States District Court, Northern District of IL

13th or 16th or some other Floor

Federal Building

219 S. Dearborn St.

Chicago, IL, 60680

Chief Judge of United States District Court for the Northern District of IL (“USDC-NDIL”), R. Castillo

Chambers of the Chief Judge of the USDC-NDIL,

Federal Building

219 S. Dearborn St.

Chicago, IL, 60680

United States Marshal Service

Suite 2400

219 S. Dearborn St.

Chicago, IL, 60604

Office of the United State's Attorney for the Northen District of IL

Suite 500

219 S. Dearborn St.

Chicago, IL, 60604

11/20/13

A Compact Disc ("CD") containing whereupon the files referenced in the "Document List 11/20/13" was submitted to theFGJ Foreperson to the extent such act could be executed on 11/20/13 on 11/20/13 before 13:35 p.m.. The purpose of submission whereof was to get criminal charges instituted in regard to the activity referenced in the file "grifcomp21412" and in the proposed "True Bill" this document accompanies, which are also included in the CD which this document accompanies.

At this juncture, time constraints being what they are, RJM proposes that the designated recipient(s) of this document ("DRD", "DRD's") simply read the proposed True Bill ("PTB") which this letter accompanies referenced herein supra, discuss such matters along with the rest of the FGJ members presently serving on the FGJ conducting evidence assessments and issuing true bills in Chicago, IL, and sign a copy of the true bill included herein infra or some such similar type document by the end of the day on 11/25/13 or in regard to those matters concerning activity conducted on 11/26/08 by 11/26/13 and in regard to those matters concerning activity conducted on 11/27/08 by 11/27/13, and execute whatever other affirmative acts would have to be executed by such time in order to get criminal charges for violations of 18 USC 242 instituted by the end of the day of any of such days, respectively against those referenced in such PTB. In the coming months documents similar to this one will be transmitted to all of those to whom this document is being transmitted and RJM demands the provision of opportunitu to audit the processing whereof by each and all of those addressed herein.

Robert J. More

United States District Court for the Northern District of IL - Doc. # 2 of D/L of 11/20/13

United States of America

Thomas More Donnelly, Joseph Stachler, Richard Devine, Cook County Sheriff's Dept Lt or Sgt ... Burns, CCSD Deputy ...Wilson, Cook County Sheriff Thomas Dart, Isaac Rey Center and/or Cermak Hospital of Cook County, IL ("IRCCHCC") , IL Doctor ... Matthews or Mathew Mills, IRCCHCC Nurse Augusta Alabi, IRCCHCC Nurse Manuel Manuelestas, CCSD Deputies...Hernandez, ...Stuart, ...Turner, ...Ton, IRCCHCC Dr. ...Foley, IRCCHCC Dr. Cavanaugh, IRCCHCC Dr. Carrington

INDICTMENT

THE GRAND JURY CHARGES:

INTRODUCTION

At all times material to the Indictment:

1. Each of the Defendants referenced in the caption of this document was employed by either the State of IL, an entity conducting activity as a component of a political subdivision of the State of IL, such as the Cook County, IL Sheriff's Dept, or Office of the Public Defender and/or as a private contractor, contracted to provide consideration to any of the above, such as the Isaac Rey Center, referenced herein.

2. At such juncture,

a.) Thomas More Donnelly was conducting activity ("WCA") as a Judge of the Circuit Court of Cook County, IL.

b.) Joseph Stachler WCA WCA an Asst. Public Defender of the Cook County, IL Public Defender's Office

c.) Richard Devine WCA as the Cook County, IL State's Attorney

d.) Thomas Dart WCA as the Cook County Sheriff

e.) Lt or Sgt ... Burns WCA as an Officer in the Office of the CC Sheriffs Dept ("CCSD")

f.) CCSD Deputy ...Wilson WCA as a deputy in the CCSD,

g.) Isaac Rey Center and/or Cermak Hospital of Cook County, IL ("IRCCHCC") , IL Doctor Mathew Mills WCA as a psychiatrist in the Cermak Hospital of the Cook County, IL, Jail ("CHCCJ") ,

h.) IRCCHCC Nurse Augusta Alabi WCA as a nurse in the CHCCJ

.) IRCCHCC Nurse Manuel Manuelestas WCA as nurse in the CHCCJ

.) CCSD Deputy ...Hernandez WCA as a deputy in the CCSD, stationed in the CHCCJ

k.) CCSD Deputy ...Stuart WCA as a deputy in the CCSD, stationed in the CHCCJ

l.) CCSD Deputy ...Turner WCA as a deputy in the CCSD, stationed in the CHCCJ

.) CCSD Hernandez WCA as a deputy in the CCSD, stationed in the CHCCJ,

n.)IRCCHCC Dr. ...Foley WCA as either the President, CEO and/or Highest or Second Highest Ranking Officer of the Isaac Rey Center and/or of Cook County Health Services

.) IRCCHCC Dr. Cavanaugh WCA as either the President, CEO and/or Highest or Second Highest Ranking Officer of the Isaac Rey Center and/or of Cook County Health Services

p.) IRCCHCC Dr. Carrington WCA in some type of supervisory capacity in the Isaac Rey Center and/or of Cook County Health Services, exercising control over activity conducted in the CHCCJ

q.) Isaac Rey Center and/or Cermak Hospital of Cook County, IL ("IRCCHCC") , IL Doctor Mathews WCA as a psychiatrist in the Cermak Hospital of the Cook County, IL, Jail ("CHCCJ") if the individual referenced herein as "Dr. Matthew Mills" is actually named "Dr. ... Matthews" ,

- all within the scope and meaning of 18 USC 241 and 242.

2. The State of IL is a state government entity, and the County of Cook County, IL is a political subdivision of the State of IL within the scope and meaning of 18 USC 242 and 241.

3. Excerpts from Complaint presently pending in Circuit Court of Cook County, IL ("CCCC") Case # 11 CH 12339 ("Complaint") incorporated herein as factual predicates and/or distinctive counts for the purpose of the effecting of the issuance of (an) indictment(s) and/or information(s) before the end of the day on 11/25/13 in regard to some of such factual predicates referenced herein and before the end of the day on 11/27/13, in regard to other of such factual predicates referenced herein as submitted on 11/20/13 to the Federal Grand Jury for the Northern District of IL ("FGJ")via its Foreperson or any other legitimate method of the submission whereof to such to the extent a citizen can presently submit evidence of violations of Federal Laws to such entity and to other entities before the end of the day on 11/20/13, the circumstances of Providence permitting.

Note #1: The entirey of the Complaint presently pending in the CCCC has been provided upon the CD submitted along with this document on 11/20/13 to the FGJ so that the context of what transpired in regard to the matters concerned as referenced herein can be ascertained to the extent RJM had to chronicle such matters in order to survive any legitimate motion to dismiss which might ever (have been) (be) filed in regard whereto without RJM's having been provided opportunity to depose any of the constitutionally protected right violators whose activity has been chronicled herein prior to any of them seeing the entirety of the evidence which RJM possesses regarding activity both tortious and criminal conducted by (any of) them. Only those components of such complaint which RJM has understood that it has been indispensably necessary to include in this document in order to get criminal process of some type issued in regard to the various violations of 18 USC 242 and possibly 241 which this document concerns prior to the expiration of any statute of limitations, which absent the tolling whereof would be set to expire on 11/25/13 in regard to some such activity and in regard to 11/26/13 and 11/27/13 , respectively, in regard to other components of activity referenced herein have been included herein.

Note #2. RJM is in the process of completing documents to be submitted to all of those to whom this document will have been submitted regarding the activity conducted in the adjudication of the criminal case this document concerns ("CCDC") on 12/8, 12/16 and 12/17 of 2008 which it is RJM's informed understanding also constituted violations of among other provisions of the Federal Criminal Laws presently operative in the u.s. of A. those of 18 USC 242 and possibly 241.

Note #3. RJM is in the process of completing documents to be submitted to all of those to whom this document will have been submitted regarding the activity conducted in the post-trial adjudication of the CCDC and in regard to the adjudication of 11 CH 12339 in the CCCC which it is RJM's informed understanding also constituted violations of among other provisions of the Federal Criminal Laws presently operative in the u.s. of A. those of 18 USC 1346, 18 USC 242 and possibly 241, but as no SOL in such regard is presently set to expire, if not tolled, such documents will not be completed at this juncture, as RJM is subject to innumerable other legal and other burdens at this juncture in his earthly theatre tour of duty which evidently necessitate his attending whereto in order to prevent the incurrment of various types of detriment.

Note #4. It is RJM's informed understanding that all that is needed in order to get criminal process issued in regard to the matters this document concerns is the presentation of evidence in regard to the specific violations of Federal Criminal Laws ("FCL") that would cause men of ordinary prudence to conclude that a crime had been committed" (citation to authority yet to be added) in regard to the evidence included in any submission for the issuance of criminal process in the form of an indictment and/or information, and RJM is entirely convinced that the evidence included herein easily traverses that threshold (ie. "probable cause") and could explain the basis for such conviction if any demand and/or proposal would be made upon RJM to provide any such type explanation and/or provide documentation in support of any such type explanation as soon as RJM can procure the transcripts and Guardianship and Advocacy Commission ("G&AC") Report, referenced herein supra, respectively, which RJM, attributable to a number of factors not within his control, has not succeeded in getting submitted with this document on 11/20/13.

Note #5. The inclusion in a given legal document of material that could ever legitimately be claimed to constitute "surplussage" can never legitimately constitute a basis for the disregard of any material ever contained in any given document which would not ever be legitimately considered to constitute such, and thus the inclusion of any conclusions, legal conclusions, opinions, adjectival phrases and/or rhetorical devices not indispensably necessary in a given instance to effect a given legitimate end can never legtimately be utilized to disregard any and all legally competent and admissible evidence in the form of averments and/or otherwise, which would ever be utilized in order to effect any legitimate end.

Note #6. Accompanying this document is a copy of the G&AC Report which sustained RJM's complaint that the provisions of the Mental Health Code applicable in the State of IL in November of 2008 was violated in the involuntary administration of psychotropic drugs into the body of Robert J. More ("RJM") on 11/26 and 11/27 of 2008.

Note #7. RJM herein informs those to whom this document has been addressed ("addressees") that RJM remains available to testify in regard to any and all of the matters referenced in this document and that he is proceeding as expeditiously as he can continue to proceed in regard to the matter of providing the transcripts of the CCDC to each and all of such addressees as soon as such objective can be accomplished.

Note #8. It is RJM's informed understanding that no material included herein in italics need be considered in order to get (an) indictment(s) and/or information(s) issued before any untolled statute of limitations ("SOL") this document concerns would expire, if untolled, in regard to the matters referenced herein, and the issue of the tolling and/or estopping of any such applicable SOL will be addressed in future submissions made relating to the matters referenced herein.

Note #9. The form in which this document has been presented has been produced off of a template derived in regard to the issuance of a "True Bill" in Case # 07-872 in the USDC for the District of New Mexico in all respects which RJM understood it was necessary to ensure the accomplishment of procedural compliance in re whereto, in regard to which RJM has been capable of accomplishing such compliance.

Note #10. It is RJM's informed understanding that the non-inclusion of the first names of all of those referenced in the caption of this document wherein, could not possibly constitute a legitimate basis for the non-issuance of criminal process in regard to any of the matters this document concerns, in that by referencing any such individuals whose first names, RJM has not yet succeeded in procuring as (for example) "CCSD ("Involuntary Psychotropic Drug") ("Haldol") "Injection Facilliator" ...Stuart, ...Turner, ...Hernandez, ... Ton", as referenced herein or via some other similar formula, the identity of any given crime perpetrator would be sufficiently distinguished from any other individual possessing the same last name, thus protecting the public's interest in the adequate punishment of criminal malefactions without rising jeopardizing any legtimate reliance interest in the process of the effecting of such end.

Note #11. Since RJM cannot recall at this exact moment whether the identity of the prescriber of the involuntary psychotropic drug injections referenced herein was named "Dr. ... Matthews" or "Dr Matthew Mills" RJM would evidently have to, in good conscience, demand that he be indicted and/or have an information issued against him in the alternative, with leave to amend any indictment or information which would be issued later, in order to ensure the adequate prosection and punishment of the actual crime perpetrator and not anyone else of any similar name(s).

Note #12. All factual averments included herein #'ed "18-151" have been so included under penalty of perjury pursuant to the provisions of 28 USC 1746 - Robert J. More, 11/20/13

IV. Barest minimum of factual predicates necessary to sustain claims concerned until all Defendants answer complaint:

18. On 6/13/08 ("RJM mistakenly pled the date of "6/12/09" in Case # 09 CH 18934[)], Robert J. More proceeded to Courtroom 2408 of the R. Daley Center in regard to Case # 08CH 9978 (More v Obama for Senate Campaign, et al), as RJM had filed a motion to be addressed on such date at 9:45 a.m. in such case.

19. RJM proceeded to go to Courtroom 2601 on another matter at 10:00 a.m.

20. RJM returned to Courtroom 2408 ("2408") shortly thereafter.

21. At about 10:45 a.m 2408 Case Management Coordinator, Barbara _________ ("CMCB") informed RJM that case # 08 CH 9978 had been dismissed and that an order declaring such had been placed in the "orders bin" outside of 2408, a copy of which RJM confirmed that he had received by that time.

22. RJM then informed CMCB that RJM would compose and submit a motion to have the case recalled on 6/13/08, which would include petitions for other relief as well, within minutes of that time.

23. The great majority of the details regarding what transpired next need not be detailed herein on this occasion, according to RJM's understanding of the compliance-accomplishment threshold according to which RJM must plead the causes of action herein pled in order to get this case to the discovery stage of the litigation process.

24. Based upon the plethora of lies CCSD Sgt Griffith and Deputy Dattulo told on the witness stand on 12/17/08, under penalty of perjury, in the criminal case adjudicated regarding the matters this complaint concerns, RJM would not see how RJM could possibly justify pleading this case more thoroughly than it is herein being pled, prior to RJM's being permitted to depose everyone who was in 2408 at the time of the arrest perpetrated on 6/13/08 in this case, and everyone who conducted activity in regard to such matter prior to 12/17/08 and indeed prior to the date upon which RJM would conduct such depositions, as there is every reason to believe that the problem of the tailoring of witness testimony to the contents of a complaint in order to evade liability will be a serious one in the adjudication of this case ("testilying" as the phenomena is labeled).

25. RJM would have filed this case in the local federal court, except that there are two filing restrictions still - entirely unjustifiably imposed - in place upon RJM in such court which would prevent the filing of anything RJM would endeavor to file therein. RJM has never discontinued his endeavors to get such restrictions removed, but as of 4/9/12, RJM has not succeeded in accomplishing the removal thereof. The fact that the USDC for NDI and CCA 7 judicial junkyards (acknowledging that just as there are sometimes invaluable items in junkyards, so too there are some individuals conducting activity in those Courts whose salutary contributions to the protection and restoration of the rule of law cannot remain unacknowledged in any legitimate assessment of the condition of such Courts) are still operative is itself a standing rebuke to RJM and a cause for great concern regarding RJM's prospects for avoiding ending up in hell.

26. As of the date of the filing of this complaint, the research RJM has conducted in regard to the issue of whether a state court would possess authority to adjudicate (a) tort claim(s) ever posited against a federal judge has provided no conclusive answer.

27. RJM herein simply explains that a number of individuals in 2408 advised RJM to proceed to room 802 and file a motion there.

28. RJM explained that he was filing a "Motion to Recall the Case on 6/12/08, Instanter" (or 6/13/08) in 2408 on 6/12/08 (or 6/13/08), as RJM possessed a constitutionally protected right to do so.

29. At this time CCSD Deputies Dattulo and Koppe were in 2408.

30. Deputy Koppe ("DK") clasped RJM's right arm and proceeded to endeavor to pull RJM away from the bench.

31. RJM demanded that DK release RJM's arm.

32. DK released RJM's arm.

33. RJM proposed that some supervisor other than Sgts. Quimque or Bergfalk be summonsed to 2408, and proposed that it be Sgt Garrett or Boyd who would be so summonsed.

34. Deputy Dattulo or Koppe, at RJM's insistence, summonsed a supervisor.

35. Minutes later, CCSD Sgts. Griffith, Bergfalk and Quimque entered 2408.

36. RJM explained what had occurred, as did Dattulo and Koppe.

37. Griffith informed RJM that RJM had to leave the courtroom.

38. In a voice of conversational tone, speaking with his head in the direction of Griffith, with no background noise then presently rendering communication difficult, RJM informed all concerned that RJM would leave the 2408 as soon as RJM received a confirmation that either the Court had ordered RJM to leave, that the courtroom was closed for the morning or that RJM would be arrested if RJM refused to leave without either of the types of confirmations referenced herein supra.

39. No such type confirmation was provided.

40. Bergfalk and Griffith both addressed RJM.

41. RJM again explained that all RJM understood that RJM needed to procure in order to possess the authority to leave 2408 at what was then very shortly after 11:00 a.m. was the type of confirmation described herein supra, emphasizing that RJM would leave without delay if the consequences of RJM's not leaving would be that RJM would be arrested for not leaving immediately.

42. The purpose of RJM's engaging in the colloquy described herein supra, is the principle volenti non fit injuria ("he who consents has no injury"), as an individual who would find him or her self in the position in which RJM found himself as described herein supra, cannot voluntarily accede to the mandate contained in an unjust order from a member of a policing entity ("MPE") without risking jeopardizing any claim to relief which might be due him or her in a given situation upon the shoals of a claim from a given (collection of ) MPE('s) that the addressee of a given illegitimate order would have voluntarily acceded thereto or that according to some other argument, no act constituting any utilization of any coercive aspect of an exercise of government authority would have ever been executed as a proximate cause of any injury alleged to ever have been unjustifiably inflicted.

43. RJM then opined that he was calling "the Office of Legal Counsel"

44. As RJM dialed 603-3396, Griffith moved into RJM's person space (the area within RJM's reach in an arrangement in which such positioning would not be unavoidable and would not be due to RJM's having provided at least tacit approval of such positioning).

45. As RJM heard Mr. M. Burke answer the phone, Griffith grabbed RJM's hand causing RJM to drop the phone onto the ground and informed RJM that RJM was under arrest.

46. RJM rose from the pew in which RJM had been seated and was escorted by Griffith et al out of 2408.

47. RJM inquired as to the basis for the arrest and Griffith stated: "Criminal Trespass to State Supported Land." ("CTSSL")

67. Mr. J. Stachler ("JS") [a Cook County, IL Asst. Public Defender] was appointed as RJM's Counsel over RJM's vociferous objection.

68. To his great credit, JS summonsed Fr. J. Perluzzi to the Court on 9/25/08 as RJM was preparing for a trip to the Cook County Jail - which for so many has been a death sentence or a sentence to conditions which would leave one's life forever worsened (cf. Mayoral v Sheehan, (_F.3d, _ ) (permanent paralysis from subjection to a gang beating in the CCJ which CCA 7, Judge K. Ripple attributed to the conscious avoidance of the Sheriff and subordinates of the evidence of the unreasonably dangerous conditions prevailing in the CCJ in the period in which Mayoral was being detained there) so that RJM could get what RJM at that time understood might very well constitute a "last confession" heard, which is something Catholics have always sought in life-threatening situations and/or situations in which one might have to participate, howsoever reluctantly, in the shedding of blood in order to contribute to the prevention of an evil demonstrably worse than the participation in activity the foreseeable unintended consequence of which might include the shedding of human blood, or even worse, the shedding of innocent human blood (for example in a given scenario an escapee from an illegitimate incarceration arrangement might have to use a vehicle or a firearm in such a manner that an altogether innocent child might be injured or killed from any such type use, notwithstanding the use of even extreme care to ensure that no such tragedy would ever result from a given activity conductor's activity) as a foreseeable unintended consequence of a given endeavor to escape an unjust detention or to evade what would constitute an unjustified endeavor to capture a fugitive in a given instance, which might include efforts to accomplish such objective made by individuals who would not possess the information necessary in a given instance to know that a given capture/endeavor would not be morally justified, due to a lack of access to information of the sort needed to make such a determination in a given case.

69 Beyond that he continually informed RJM that he did not have time to do anything in the case.

70. He permitted himself to be used as a muzzle on RJM as can be ascertained from the transcripts of the audiences conducted in regard to the criminal case this complaint concerns ("UCC") and all of the documents RJM composed and filed in the UCC, but whose contents were never addressed by any Judge, as will be detailed in the future.

71. Every time RJM went to Court, RJM was made to wait for inexplicably long periods to confer with him and to procure an audience with the Court.

72. On or about 11/25/08, RJM was ordered into the custody of the Cook County Jail ("CCJ") by Judge T. M. Donnelly, for refusing to answer BCX questions except according to the formula referenced herein supra on the basis that RJM had violated a condition of his bond.

73. RJM explained to Deputy Wilson and CCSD Lt. Burns that there was no legal justification for their transporting RJM out of the courtroom, to the lock-up and to the holding area to be sent to the CCJ to the extent RJM could accomplish and was not prevented from accomplishing, such provision of notice objective.

74. The law regarding this type matter clearly states that no defendant who appears for such type examination but refuses to answer any questions can be sanctioned for anything.

75. JS made no objection to the Court's ordering RJM into the custody of the CCJ on 11/25/08 and explained to RJM that he could do nothing for RJM on 11/25/08, even as RJM was demanding an opportunity to address the Court regarding the alleged legal basis of the sentence to the CCJ.

76. The supervisor of JS, Mr. T. Green ("TG") never did anything when RJM repeatedly complained about the culpable negligence and reckless and wanton disregard of the duties of a defense counsel demonstrated by JS regarding the UCC.

77. On or about 11/25/08, RJM was strip searched in the CCJ Cermak Facility in a situation in which females could see the video conducted of the matter, as RJM understands the parameters of the Cermak operation.

78. On 11/25/08, RJM was denied a medical exam upon entering the CCJ, notwithstanding that he repeatedly demanded such.

79. On 11/25, 11/26, and 11/27 RJM continued to demand a writing utensil and some paper in order to complete and get filed a habeas corpus petition to a federal judge pursuant to the provisions of 28 USC 2241 but RJM was repeatedly denied such consideration.

80. RJM repeatedly demanded that he be permitted to speak to a CCSD supervisor re this issue and several others on such dates, but RJM was never provided any opportunity to accomplish such objective.

81. On 11/26, RJM was injected with Haldol over his most vociferous objection by R.N. Mr. Augusta Alabi ("AA") .

82. On 11/27/08, RJM was injected with Haldol twice over his most vociferous objections, first by R.N. Manuel Manuelastas in the a.m. and then by R.N. AA in the p.m. .

83. The food in the jail was acidic garbage, which RJM surmises must have come out of cans with BPA resin coating the inside thereof or plastic containers leaching polycarbonates and consisted of genetically modified organisms, sugar, salt, pesticides, preservatives, processed white flour, and who knows what else, and in regard to which neither any dark green leafy vegetables, nor vitamin D or B supplements were provided, and there was a total deprivation of any physical or intellectual stimulation which caused RJM's brain and body to atrophy - as RJM is an individual without strong enough character to do without discipline and exercise and something to overcome.

84. On 11/28/09, RJM experienced the symptoms of withdrawal from the Haldol known as tardive dykinesia when RJM could not keep his tongue in his mouth, could not think straight and could not control his bodily operations.

85. This occurred to RJM while RJM was at his storage locker and RJM was terrified that he would never recover from this horrid condition but would be taken into custody if he sought treatment therefrom.

86. Over the course of a period of time whose duration RJM forgets, RJM called his mother and a number of affiliates to inform them of his predicament and affliction as RJM could not even remain on his feet and the storage facility does not permit customers to remain in the facility for any reason not relating to the storage of possessions - so RJM could not remain there indefinitely but RJM could not intelligibly convey the character of his problem. After truncated conversations including 2 or 3 intelligible words every 30 seconds or a minute transmitted in several calls, one of those affiliates relayed the message of the distress in which he had gleaned that RJM was enmeshed to a doctor familiar with tardive dykinesia.

87. Dr. L. Shelton was that doctor and when apprised of RJM's predicament in this regard, she brought RJM to her father's home and instructed RJM to take Benedryll until such symptoms resided.

88. RJM then spent the next 2 days helping her clean that home in gratitude for the assistance received - assistance which at the time provided was indispensably necessary to eliminate the distress - physical, mental and psychological to which RJM had been subjected by the illegitimate drug administrations.

89. JTMD held RJM in contempt with the assistance of the CCSA and its subordinates for filing an amicus curiae brief on behalf of Mr. J. Hernandez, which JTMD later had to dismiss.

90. A Mr. N. Albuquerque ("NA") ended up as RJM's counsel due to RJM's mother being induced through Dr. Shelton's counsel to pay him $1200.00 to replace JS.

91. The activity of JTMD, NA and the prosecutors from the Office of the CCSA resulted in RJM's not getting any of the pretrial or trial issues which RJM endeavored to raise, addressed, which prevented the dismissal of the case on a pretrial basis and also denied the public the evidence of the priorities according to which 01 M123741901 was instigated, prosecuted, defended and adjudicated, as can be ascertained from the contents of the motions RJM filed in such case on: 8/13/08, 8/15/08, 9/12/08, 9/15/08, 9/23/08, and 12/08/08.

92. On 12/17/08, RJM was again, without any justification, held in contempt of court, and Sgt Kush and CCSD Deputy Wilson battered RJM via an unconsented physical contact in taking RJM to the lock-up.

93. JTMD prevented RJM from finishing his presentation to such actors regarding RJM's claims as to their liability in enforcing the contempt order issued, before RJM was escorted out of the courtroom.

94. There was no response to any of the subpoenas RJM issued on various Cook County officials.

95. There is no record in regard to which RJM is cognizant that any Cook County Official who could have brought the ever lifted so much as a finger to prevent or remedy any of the injuries RJM has incurred as described herein, but RJM is concerned to salute and express.

96. On 12/17/08, the prosecutor - B. Franco ("PBF") made an opening statement in RJM's criminal case trial during which RJM endeavored to make the sign of the cross for each sin against the Eighth Commandment which it was RJM's understanding had been committed by him wherein and RJM ended up continuously making such sacramental sign as the statement was simply a series of fabrications, an enumeration of which will be provided once RJM can get the transcripts created from the conducting of such proceedings scanned into a form which will enable RJM to paste such into an editable document.

97. The Court directed a verdict against the prosecution based upon the contents of a memo written by Sgt Griffith to her supervisors on 6/13/08 which was entirely incompatible with the testimony Griffith and Dattulo provided under oath, which certainly permits the inference that such testimony was perjured.

123. The Guardianship and Advocacy Report Issued sustaining the allegations of misfeasance and/or malfeasance by CHS in the matters 09 CH 18934 and this complaint concerns is attached to the amendments added in 09 CH 18934 subsequent to its original filing and is accessible in the court file stored in Room 802 of the R. Daley Center.

124. RJM incorporates by reference herein the entirety of such report as if fully set forth herein and will present a copy of such to this Court such document, if the incorporation by reference herein would not be considered adequate for the purpose of getting to the discovery stage of the adjudication of this case.

125. That report contains factual claims according to which recovery can be procured for the torts of willful and wanton disregard of duty, battery, deprivation of a right guaranteed by the Constitution of the U.S. (right to privacy, right to free exercise of religion, and right to be free from pretrial intrusion except in an arrangement in which due process of law would have been provided, as applicable to the activity of actors of a political subdivision of a state via the incorporation provisions of the due process clause of the Fourteenth Amendment of such Constitution and substantive due process).

126. A copy of the documents which the Cook County Sheriff's Department provided RJM in response to RJM's FOIA in which RJM sought the names of all members of such Department who participated in any Haldol injection of RJM, is contained in the court file of Case # 09 CH 18934 and RJM incorporates the entirety of such document into this document by reference as if fully set forth herein according to the same principle utilized regarding the report referenced herein supra.

127. RJM did not receive the name of Manuel Manalastas ("MM") until 12/11/09 and so has to conditionally include Ms. Jean Kiriazes as a Defendant to this case in order to cover a scenario in which Cook County, IL would endeavor to evade liability by claiming that RJM was somehow responsible for not having procured the name of MM prior to such date.

128. On 11/26/08, in the evening of that date, a Mr. Augusta Alabi, RN, injected RJM with Haldol against RJM's will and over RJM's most vociferous, but not in any way, inappropriate protest

129. - on 11/27/08, in the morning of that date a Mr. Manuel Manalastas, RN, injected RJM with Haldol against RJM's will and over RJM's most vociferous, but not in any way, inappropriate protest

130. - on 11/27/08, in the evening of that date, a Mr. Augusta Alabi, RN, injected RJM with Haldol against RJM's will and over RJM's most vociferous but not in any way inappropriate protest

131. RJM herein complains that he was subject to inventory searches on five separate occasions, all of which constitute separate torts as violations of the Fourth Amendment to the Constitution of the u.S. of A.

132. RJM also complains that both Matthew Burke and Peter Kramer, licensed attorneys in the CCSD Office of Legal Affairs, expressed surprise on 11/20/09 and 11/23/09, respectively, that RJM had ever been criminally prosecuted in the matters this complaint concerns, indicating a total lack of control over the CCSD by Thomas Dart - if the members of the Office of Legal Counsel did not even ever receive notice that a criminal prosecution of the type herein described was being conducted, especially since investigations and monitoring of RJM had been conducted by various representatives of the CCSD, over the several years prior to and during the criminal prosecution in regard to which RJM herein complains.

133. RJM herein complains that he is being injured because he still has not received copies of the transcripts from the proceedings conducted in the trial court in Criminal Case # 08 MC 123741901, on 12/8/08 which has rendered him incapable of pleading various causes of action more specifically than they have been pleaded herein and that the condition presently prevailing in Cook County, IL in which innocent persons prosecuted for alleged crimes are dependent upon court reporters to reconstruct a record of trial court proceedings is egregiously incompatible with all of the measures of consideration guaranteed citizens of the u.S. of A. in the Fifth and Sixth Amendments to the Constitution of the u.S. of A. as such apply to the activity of state actors and actors conducting activity in political subdivisions of states via the incorporation provisions of the Due Process Clause of the Fourteenth Amendment to such Constitution.

134. RJM herein seeks to add his mother - Mrs. W.R. More ("TBM"), as a plaintiff to this case, as it is the understanding of RJM that she was caused severe emotional distress when she learned that her firstborn male child was being injected with Haldol on 11/27/08, which distress continued until the reception of notice by her, of the granting of the directed verdict granted against the State of IL on 12/17/08.

135. "We are grateful to the Washington Post, New York Times, Time Magazine…whose directors have attended our meetings and respected their promise of discretion for almost forty years. It would have been impossible for us to develop our plan for the world if we had been exposed to the bright light of publicity during those years. The world is…prepared to march towards a world government. The super-national sovereignty of an intellectual elite and world bankers is surely superior to the national auto-determination practiced in past centuries. - David Rockefeller former CFR President at 1991 Bilderberger Mtg.

136. CC Sheriff Thomas Dart's listing as one of Time Magazine's 100 Most Influential Persons of 2009 is another cause for concern compelling RJM to against insist he resign from the Office immediately.

137. The Constitution is an iron clad contract in writing which is to be liberally interpreted in favor of the non-preparer - the citizen for the protection of rights and property - 2nd Amjur, 58 Const. Law - according to Carl Miller - this principle must be instilled into the minds of all of those named as D's hererin.

138. On 12/2/09 - RJM was subject to the theft of combination lock, allegedly by a member of the CCSD and demands restitution therefore in this case.

139. Two conspicuously considerate persons - 5' 10", heavy set black male - about 32-35 YO, CCSD CO who provided two baloney sandwiches to the group of detainees of which RJM was a member on 11/26/08, and the 5"10" medium build Hispanic male CCSD CO who oversaw the unconstitutional strip search of 11/26/08 are herein cited for the consideration demonstrated in the conducting of activity conducted by them, respectively, even though the latter activity conductor could not have not incurred moral, tort and criminal liability regarding his activity conducted in the strip search referenced herein.

140. Patrick Fitzgerald and his subordinates were all removed from this complaint in order to get the 298 petition signed asap but RJM is fully committed to suing him and his subordinates for interfering with RJM's access to the Federal Grand Jury presently seated at the Dirksen Federal Building as is RJM committed regarding USMS Marshal John Clark and USMS Marshal for the NDI, Kim Widup and his subordinates, but at present, RJM does not know exactly how he can accomplish such objective without causing the loss of the assistance of any licensed attorney in the prosecution of this case.

141. CC Clerk David Orr, notwithstanding the incalculable damage he has caused to the interests of the Catholic Church, by his support of moral degeneracy has provided information to RJM in regard to getting this complaint filed which has been of value.

142. RJM complains that the Chief Policy Makers of Cook County are all according to RJM's understanding, active promoters of degeneracy, decay, depravity, deterioration, disease and ultimately, death, and that they are all anti-innocence anti-innocence of childhood, anti-chastity, anti-family, antinomianism, anti-righteousness, and anti-civilization.

143. By 4/1/2012, RJM intends to present to the Cook County Board and its President and the Attorney General of the State of IL, a settlement proposal including - provision for the elimination of abortion, any arrangement which places any type of relationship on the same footing as sacramental or natural law contractual marriage, the discontinuance of withholding of federal income tax from county and/or state employees compensation and benefit packages, accompanied by the elimination of the acceptance/reception of federal funding "assistance" of whatever types there are in regard to which the County and/or State would possess the authority to eliminate such which are not compatible with some express provision of the Constitution of the u.S. of A., and to use Home Rule to eliminate any arrangement resulting in a disparity of weaponry between the citizenry and the government at all levels - with this final modification having taken on a new urgency in light of the recent enactment of the unlimited interrogation and detention provisions of the NDAA of 2012.

144. RJM intends to require himself to continue to conduct his activity such that there is neither any lack of forcefulness, nor any type of concession to any type of predation on the one hand, nor any lack of consideration for the infirmity of the fallen human condition on the other, and if he should allegedly fail in this regard, complaints can be filed against him at: see URL listed herein in the upper left hand corner of this document, supra (ISMA-Comp).

145. The time spent in a jail awaiting a trial has a detrimental impact on the individual. It often means loss of a job; it disrupts family life; and it enforces idleness. Most jails offer little or no recreational or rehabilitative programs. The time spent in jail is simply dead time. Imposing those consequences on anyone who has not yet been convicted is serious. It is especially unfortunate to impose them on persons who are ultimately found innocent. Finally, even if an accused is not incarcerated prior to trial, he is still disadvantaged by restraints on his liberty and by living under a cloud of anxiety, suspicion and often hostility. - Barker v Wingo, 407 U.S. 514, 92 S.Ct. 2182

146. RJM's Mother paid 1200.00 for an attorney to defend RJM against the UCC this complain concerns which was a totally preventable expenditure.

147. RJM incurred severe mental and emotional distress, upon being subjected to Haldol injections and subsequent thereto until the directed verdict was issued as RJM had to deal with the possibility of having to endeavor to escape and use force in any such type endeavor which might foreseeably result in entirely unintended harm to persons of the moral caliber of Sgts. Boyd or Garrett or Deputies Pettigrew, Wallach, Untaretti, Molnar, A. Thomas etc. etc..

148. On 9/3/08, Judge TM Donnelly, stated, "The State must retain a monopoly on use of force.".

149. Solzhenitsyn, Guy Fawkes, St. Thomas, Claus von Stauffenberg, Pope Pius XII, the Cristeros, the Spanish in 1936, the Irish in 1918 and every Roman Catholic of all time cannot accept such a patently morally unjustified statement.

150. The letter from U.S. Attorney' s Office of July of 2008 regarding the unconstitutional and unacceptable conditions of the Cook County Jail evidently did not result in enough improvements for RJM et al to have been spared the grief and harm described herein.

151. RJM respectfully proposes that this Hon. Court consider eventually either providing her signature on a copy of the Proposed Dec…RJM (*HYPERLINK "../www.thirstforjustice.777host.us"**www.thirstforjustice.777host.us*) (Declaration Unconstitionality...RJM) in regard to this or some similar case which RJM will almost invariably have to file in the future, or providing such on an amicus curiae to a higher court in such regard and seeks feedback for what type record of conduct RJM would have to demonstrate in order to procure such at some future juncture.

Count #12 - Ineffective Assistance of Counsel in Violation of the 6th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - CCPD - J. Stachler and T. Green

Count #18 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - Judge T. M. Donnelly for revoking RJM's bond without any legal basis for doing so on 11/25/08

Count #19 - Illegal Seizure in Violation of the 4th Amendment of the Const. of the u.s. of A. - Judge Donnelly, CCSD Representatives Burns and Wilson re tranferring RJM to the Cook County Jail for the alleged bond violation

Count #20 - Battery - CCSD Rep. ... in Escorting RJM out of the Courtroom re the Bond Revocation Issue

Count #21 - Illegal Search - CCSD Rep..... re Inventory Search re the Bond Revocation Issue of 11/25/08

Count #22 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - CCSD Supervisors for refusing to provide RJM the means to get a federal habeas corpus petition filed on 11/25/08 pursuant to the provisions of 28 USC 2241

Count #23 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - CHS Supervisors and clerks of unknown name for refusing to provide RJM the means to get a federal habeas corpus petition filed on 11/26/08 pursuant to the provisions of 28 USC 2241

Count #24 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - CCSD Supervisors for refusing to provide RJM the means to get a federal habeas corpus petition filed on 11/27/08 pursuant to the provisions of 28 USC 2241

Count #25 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - CCSD Supervisors for refusing to provide RJM any medical examination before his being transferred out of Inmate Intake at the Cook County, IL Jail

Count #26 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const. - Cook County, IL ("CCJ") Jail Supervisors for refusing to provide RJM adequate nutrition and hydration while in the involuntary custody of the CCJ from 11/25-11/27 of 2008

Count #27 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment f the U.S. Const. - Cook County, IL ("CCJ") Jail Supervisors for refusing to provide RJM adequate provision for exercise and to participate in the ordinary activities of life from 11/25-11/27 of 2008

Count #28 - Medical Battery and Battery in Securing RJM - Dr. M. Mills, CHS R.N. Augusta Alabi, CCSD Dep Hernandez

Count #29 - Medical Battery and Battery in Securing RJM Dr. M. Mills, CHS R. N. Manuel Manuelestas, CCSD Dep Stuart, Turner,

Count #30 - Medical Battery and Battery in Securing RJM - Dr. M. Mills, CHS R.N. Augusta Alabi, CCSD Dep. Hernandez & Ton

Count #31 - Monell Claim re Medical Battery - Cermak Health Services, Dr. Foley, Dr. Cavanaugh, Dr. Carrington

Count #32 - Illegal Seizure in Violation of the 4th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment f the U.S. Const - in seizures perpetrated to effect Haldol injections

Count #33 - Ineffective Assistance of Counsel in Violation of the 6th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment of the U.S. Const Including Officers of the Court -Nick Albukerk - in not renewing the demands make in the innumerable pre-trial motions RJM filed in 08 MC 123941901.

Count #34 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment f the U.S. Const - in RJM's being denied access to Dr. Rivas'es criminal trial on 12/2/08

Count #35 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment f the U.S. Const - conditional Defendant - Jean Kiriazes in RJM's being denied access to names of the activity conductors who injected RJM with Haldol until RJM was finally provided such.

Count #36 - Monell Claim Against the Cook County, Il Sheriff's Dept for Maintaining Conditions, Policies and Practices Resulting in Deprivations of Rights Guaranteed by the Constitution and Laws of the u.s. of A. - CCS T. Dart and Cook County, IL, CCSD Chief Counsel Mr. Peter Kramer, CCSD Lieutenant Prescott, CCSD Chief of Court Security at the R. Daley Center Mr. Nolan

Count #37 - Monell Claim Against the President of the Cook County Board of Commissioners, his Counsel and its Members for Maintaining Conditions, Policies and Practices Resulting in Deprivations of Rights Guaranteed by the Constitution and Laws of the u.s. of A. - President and Commissioners, Mr. R. Velasquez

Count #38 - Malicious Prosecution - Non-performance of Adequate Investigation - CCSA Valiente, Uche, Franco

Count #39 - Malicious Prosecution - Griffith, Bergfalk, Quimque, Dattulo, Devine, Alvarez, Valiente, Uche, Franco

Count #40 - Denial of Due Process of Law in Violation of the 5th Amendment to the Constitution of the u.s. of A. as Applied to the Activity of State Actors and/or Actors Representing Political Subdivisions of States, via the Incorporation Provisions of the Due Process Clause of the 14th Amendment f the U.S. Const - Official Court Reporters - deprived RJM of transcripts regarding proceedings conducted in 08 MC 123941901 on 12/2/08

Count #41 - Monell Claim for Maintaining Conditions, Policies and Practices Resulting in Deprivations of Rights Guaranteed by the Constitution and Laws of the u.s. of A. - Cook County, Il Judges Evans and Wright

Count #1 of Indictment

1. The contents of paragraphs numbered 18 to 151, extracted from 11 CH 12339 in the numbering system used in the Complaint filed on or about 2/14/12 in such case other than those included in italics wherein are incorporated herein by reference as if fully set forth herein.

2. On or about 11/25/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant Thomas More Donnelly, then a CCCC Judge while acting under the color of the laws of the State of IL did revoke what was then Robert J. More's ("RJM") criminal bond, notwithstanding that there was no legal basis for such revocation and in so doing, did deprive Robert J. More ("RJM") of the right secured and protected by the Constitution and laws of the United States to not be deprived of liberty witout due process of law by one acting under the color of law.

In violation of 18 U.S.C. 242 (and 2)

Count #2 of Indictment

2. On or about 11/25/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant Joseph Stachler, then an Asst. Public Defender in the Cook County, IL Public Defender's Office left arguments that there was no basis for the revocation of the bond referenced herein supra, unpresented to Judge Donnelly, and and in so doing, did effect the deprivation of Robert J. More's ("RJM") right secured and protected by the Constitution and laws of the United States to not be deprived of the "effective assistance of counsel" guaranteed by the Sixth Amendment to the Constitution of the United States as incorporated thru the incorporation provisions of the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States to the activity of individuals ever conducting activity on behal of any state and/or political subdivision of any state while conducting activity under the color of law.

In violation of 18 U.S.C. 242 and 2.

Count #3 of Indictment - Prescription for Involuntary Administration of Psychotropic Drugs Into Detainee

2. On or about 11/26/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant Dr. Matthew Mills (see Note # 11 included herein supra re indicting in the alternative in order to cover any and all legal and moral burdens this document concerns) did prescribe the involuntary administration of psychotropic drugs in regard to a contingency in regard to which such administration was determined by the Guardian and Advocacy Commission of the State of IL to contravene the express provisions of the Mental Health Code the operative in the State of IL. while acting under the color of the laws of the State of IL and in so doing, did deprive Robert J. More ("RJM") of the rights secured and protected by the Constitution and laws of the United States to not be deprived of life, liberty or property without due process of law, and to not be seized, by one acting under the color of law, which includes the right to be free from the use of unreasonable force (again - wording from indictment referenced herein supra)

In violation of 18 U.S.C. 242 and 2.

Count #4 First Injection of Haldol

2. On or about 11/26/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant CHS R.N. Augusta Alabi, allegedly acting pursuant to the directives of Dr. M. Mills, did inject RJM with Haldol (a psychotropic drug) over RJM's most vociferous objection as CCSD Dep Hernandez maintained physical contact with RJM, evidently for the purpose of stabilizing and controlling RJM, which maintenance of physical contact was also countered by RJM with a most vociferous protest in regard whereto, while acting under the color of the laws of the State of IL notwithstanding that no legal basis for either of such acts was ever provided upon RJM's demanding the provision of such at the juncture at which the activity referenced herein was being conducted, and in so doing, did deprive Robert J. More ("RJM") of the rights secured and protected by the Constitution and laws of the United States to not be deprived of liberty without due process of law by one acting under the color of law, and to not be seized nor subjected to any unreasonable use of force, under the color of law.

In violation of 18 U.S.C. para 242 and 2.

Count #5 Second Injection of Haldol

2. On or about 11/27/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant CHS R.N. Manuel Manuelestas, allegedly acting pursuant to the directives of Dr. M. Mills, did inject RJM with Haldol (a psychotropic drug) over RJM's most vociferous objection as CCSD Deputies ... Stuart, and ...Turner maintained physical contact with RJM, evidently for the purpose of stabilizing and controlling RJM, which maintenance of physical contact was also countered by RJM with a most vociferous protest in regard whereto, while acting under the color of the laws of the State of IL notwithstanding that no legal basis for either of such acts was ever provided upon RJM's demanding the provision of such at the juncture at which the activity referenced herein was being conducted, and in so doing, did deprive Robert J. More ("RJM") of the rights secured and protected by the Constitution and laws of the United States to not be deprived of liberty without due process of law by one acting under the color of law, and to not be seized nor subjected to any unreasonable use of force, under the color of law.

In violation of 18 U.S.C. para 242 and 2.

Count #6 Third Injection of Haldol

In violation of 18 U.S.C. para 242 and 2.

Count #7 Third Injection of Haldol

2. On or about 11/27/08 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendant CHS R.N. Augusta Alabi, allegedly acting pursuant to the directives of Dr. M. Mills, did inject RJM with Haldol (a psychotropic drug) over RJM's most vociferous objection as CCSD Deputies ... Hernandez & ...Ton maintained physical contact with RJM, evidently for the purpose of stabilizing and controlling RJM, which maintenance of physical contact was also countered by RJM with a most vociferous protest in regard whereto, while acting under the color of the laws of the State of IL notwithstanding that no legal basis for either of such acts was ever provided upon RJM's demanding the provision of such at the juncture at which the activity referenced herein was being conducted, and in so doing, did deprive Robert J. More ("RJM") of the rights secured and protected by the Constitution and laws of the United States to not be deprived of liberty without due process of law by one acting under the color of law, and to not be seized nor subjected to any unreasonable use of force, under the color of law.

In violation of 18 U.S.C. para 242 and 2.

Count #8 Denial of Means to File a Federal Habeas Corpus Petition Pursuant to the Provisions of 28 USC 2241

2. On or about 11/25, 11/26 and 11/27 of 2008 in Cook County, IL in the State of IL, within the jurisdiction of the United States District Court for the Northern District of IL ("USDCNDI"), the defendants Augusta Alabi, Manuel Manuelestas, CCSD Deputies ... Hernandez, ...Stuart, ...Turner & ...Ton while acting under the color of the laws of the State of IL did refuse to provide RJM any paper and/or writing utensil with which RJM could have composed a Federal Habeas Corpus Petition pursuant to the provisions of 28 USC 2241 to be presented to any federal judge for the purpose of securing RJM's immediate release from the CCJ, alleging that some rule or other of Cermak Hospital and/or the Cook County Jail prohibited detainees and/or inmates in Cermak Hospital from possessing and/or using any paper and/or writing utensil, while RJM made several demands in regard wherefore, including specific demands to each of such individuals referenced by name herein and demanded a supervisor address such issued, and in so doing, did deprive Robert J. More ("RJM") of the right secured and protected by the Constitution and laws of the United States to have the provisions of Federal Law granted pre-eiminence over any law of any lesser entity in any situation in which any conflict in re whereto would be present pursuant to the provisions of the Supremacy Clause of the Constitution of the United States, under the color of law.

In violation of 18 U.S.C. para 242 and 2.

A TRUE BILL

_____________________________-

Foreperson of the Grand Jury

HUMAN RIGHTS AUTHORITY- CHICAGO REGION Doc. #4 from D/L of 11/20/13

REPORT 09-030-9014

Health Services of Cook County

INTRODUCTION

The Human Rights Authority of the Illinois Guardianship and Advocacy Commission opened an investigation after receiving a complaint of possible rights violations at Cermak Health Services of Cook County (Cermak). It was alleged that the facility administered forced psychotropic medication in violation of the Mental Health Code. If substantiated, this would violate the Mental Health and Developmental Disabilities Code (405 ILCS 5/100 et seq.) and the Administrative Code for County Jail Standards (20 Ill. Admin. Code 701 et seq.). Cermak Health Services of Cook County is an affiliate of the Cook County Bureau of Health Services and the health care delivery system of the Cook County jail. It provides an array of on-site ambulatory and infirmary clinical services to approximately 1,000 mental health detainees housed daily in the jail. Cermak's Department of Mental Health Services provides screening and assessment services in the intake department of the Cook County Department of Corrections, infirmary level of acute psychiatric care in the Cermak building, intermediate care in the Residential Treatment Unit for males in Division VIII and for females in Division III, medication clinics in the general population, and twenty-four hour crisis assessment services located in the Reception and Classification (R&C) Diagnostic Center. Psychiatrists and psychologists for mental health services are provided through a contract with the Isaac Ray Center, Inc., with oversight provided by the Cook County Board. The mental health specialists, nurses, social workers and case managers are Cook County employees. The approximate ratio of mental health recipients to staff is 100:1. Cermak Health Services of Cook County is voluntarily not accredited by the National Commission on Correctional Health Care, although documentation has been submitted to begin the accreditation process. Additionally, the facility must meet American Correctional Association standards as well as the Illinois Department of Corrections Jail Standards. To review these complaints, the HRA conducted a site visit and interviewed the Director of Mental Health Services, the Director of Psychiatric Services, the Director of Patient Care Services, and the Nurse Coordinator. Relevant hospital policies were reviewed, and records were obtained with the written consent of the recipient. The recipient is an adult who maintains his legal rights.

COMPLAINT SUMMARY

The complaint alleges that the recipient received three forced injections of psychotropic medication after refusing his prescribed medication and requesting a grievance form. The complaint alleges that the recipient then suffered an adverse reaction to the medication and was not provided treatment for this reaction.

FINDINGS

The record indicates that the recipient was screened in the Reception and Classification Diagnostic Center at 5:30 p.m. on 11/25/08. The Department of Mental Health Services Brief Primary Psychological Screening Tool states that "Upon further screening from Dr. Pt. determined to be in need of Psych. Services." While still in Reception and Classification the Cermak Health Services Department of Mental Health Services Admission/Evaluation Form was completed. It indicates that the recipient was referred for evaluation "due to bizarre behavior in RCDC area". The Current Symptoms are listed as, "Pt. positive for FOI [flight of ideas], shows signs of paranoia, appears delusional, extreme religious conviction (not persecuting self). Continuously announces his protest to having to answer questions." His mental status exam states, "Patient is very talkative, cooperative, Ox4 [oriented to person, place, time and situation], Psychomotor agitation. Pt. shows signs of paranoia, speech: is rambling, stays closely associated to topic. Thought pattern: shifting and slightly disorganized. Denies A/V/H [audio/visual hallucinations] Denies S/H/I [suicidal/homicidal ideation]. Pt. appears delusional but no established false belief. Tends to shift, holy man, legal counselor, and political strategist, pt. memory recent and remote, maybe impaired, hygiene fair, impulse control poor, insight poor, judgment: poor, sleep: poor, appetite: OK, Denies feelings of helplessness." The Cermak Health Services Department of Mental Health Services Secondary Interview, completed at 7:54 p.m. the same day, lists the diagnostic impression as Bipolar Disorder NOS (not otherwise specified).

An Initial Psychiatric Assessment was completed on 11/26/08 and states, "Delusion behavior- about judge, and law- bond. Was supposed to appear in behavior clinic exam- suspicious of procedure of court and clinical behavior clinic. Pt. admitted to 2N on 11/25/08 for bizarre delusional paranoid behavior w/ looseness of thoughts, pressured speech. Evaluator is able to redirect pt. to answer questions and …'I have no belief in court services, county, or psychiatric profession'. Pt. states he is not willing to take medication to expedite his transfer out of unit." This assessment identifies the recipient as a past mental health recipient and describes his mood as "expansive, very suspicious, and delusional." His diagnosis is listed as Bipolar Disorder Type I- manic and his scheduled psychotropic medications are listed as Depakene with PRN (pro re nata, as needed) Haldol, Ativan, and Cogentin.

The record contains a physician's order for medication, which appeared to be written in the RCDC on 11/25/08. It lists Depakene liquid, 750 mg PO bid, Haldol 5 mg PO/IM PRN, Ativan 2 mg PO/IM PRN, and Benadryl, 50 mg PO/IM PRN. There is no medical justification for the PRN medication listed on the physician's orders, although anxiety and agitation are noted as purposes on the Medication Administration Record (MAR). The record contains a Medical Intake Form and a Consent to Physical Examination and Diagnostic Evaluation- Treatment and Transmittal of Problem List - both of which indicate that the recipient refused to sign. There is also an Emergency Room Record which indicates that the recipient refused to consent to examination on 11/26/08. There is no written information on medication side effects, risks and benefits to indicate that the recipient gave informed consent for medication and there are no Restriction of Rights documents within the record. Additionally, there are no documents to indicate that the recipient was asked to designate his preferences for emergency treatment.

Hospital staff were interviewed regarding the admission process for detainees with mental health issues. They stated that a mental health specialist completes an initial screening for mental health needs in the Reception and Classification area of the jail. If the detainee appears to have mental health issues the mental health specialist completes a second, more extensive screening, which may result in the physician's order for treatment within the mental health unit. The recipient is then sent to the Cermak emergency department for medical screening. Within 24 hours, and usually the morning following the admission into the R&C, the psychiatrist completes a psychiatric assessment. The psychiatrist reviews the side effects, risks and benefits of medications with the recipient for the purpose of consent and this is generally noted in the record, although it is not noted in the extant case. Staff reported and the record confirms that the recipient refused all examination for medical needs before being admitted to the behavioral health unit in Cermak.

A Cermak Unit Psychologist Admission Review and Assessment note is included in the record. It states, "Pt. states 'I am unwilling to answer questions posed on me by the government'. Pt. was explained the process of 2N and why it is important to comply with the interview. Pt. continued to refuse answering any questions. Pt. instead talked about 'evils' his quest as a Roman Catholic and his belief that the judge is involved in a Divine conspiracy against him which is why he is here. Pt. denies [suicidal/homicidal] [no intent/plan]. Pt. denied any psychotic [symptoms]. Pt. also stated 'I will not take any of those psychiatric medications. I plan to live as God intended in order to have salvation."

On 11/26/08 a Nursing Note was made at 1:15 p.m. which indicates that the recipient refused to take his medication, however, no other action appears to have resulted from this event. The MAR indicates that at 7:50 p.m. that evening the recipient was administered 5 mg Haldol IM (intramuscularly). The reason given is "psychosis". There is no Restriction of Rights document in the record for this event, and there is no notation in the record of an adverse reaction.

On 11/27/08 a staffing note (no time given) states, "Pt. refused interview. Steadily refusing scheduled medication. Entitled, agitated. Asking for meds for toothache. Suddenly complained of trouble walking, demanding to bond out asking to loan $ from officers. Impaired judgment/insight, continue to offer Depakene, PRNs hold." No action on the part of staff appears to have resulted from this event. An entry made the same day at 11:30 a.m. states, "Pt. needed to be redirected several times. 'I can't move'. Pt. did not respond by moving when requested to be seen by medical student. Pt. approached officers approximately 5 minutes later to request to use the telephone. 'I think I can stand now'. Pt. refused medication and was given a PRN.'" There is a notation on the MAR which may correspond to this entry. It indicates that at 10:15 a.m. the recipient was administered Haldol 5 mg and Benadryl 50 mg IM. The reason given is "psychotic agitation /non-compliant [with] meds." There is no Restriction of Rights document in the record for this event, and there is no notation of an adverse reaction.

There is one more documented administration of IM medication in the MAR and it occurred on 11/27/08 at 7:00 p.m. The recipient was administered Haldol 5 mg for "psychosis". There is no event in the Progress Notes to correspond to this administration of medication. There is no Restriction of Rights document for this event, and there is no notation of an adverse reaction.

Hospital representatives were interviewed about the use of forced psychotropic medication. They stated that there is no indication from the record that the recipient objected to the medication and that sometimes recipients request or agree to injections because they realize that they will work faster. They also stated that Restriction of Rights documents are completed when recipients are given forced emergency medication or restraint and not PRN medication, because it is ordered "as needed". Hospital staff were divided on the issue of whether a Restriction of Rights form would be needed for PRN medication that is refused. Staff also reported that written statements regarding decisional capacity are not completed for the recipients and medication information for consent is given verbally, and noted in the record.

Hospital representatives addressed the issue of the recipient's request to file a grievance. They stated that although there is a need to improve the processing of grievances, they did not feel that the request for a grievance form would itself generate the response of forced medication. There is no indication in the record or from staff recollection that the recipient requested to file a grievance. Currently there is a Correctional Rehabilitation Worker (CRW) who aids detainees in the completion and processing of grievances, however this individual is not available as often as is necessary. The grievance must then be processed through the Program Services Department. If it is a medical issue it is then forwarded through the Cermak Quality and Improvement department where a response is generated. Staff stated that since the recipient in this case was only detained for three days, the grievance would probably have been disregarded.

Hospital representatives addressed the status of the recipient upon his discharge. They reported that the National Commission on Correctional Health Care determines the rights, regulations and policies of the hospital, and this regulation dictates that once a detainee is released by a judge, the facility has 4 hours in which to discharge him. If the detainee is discharged but medically unstable he is referred to the facility emergency department and transferred to the county hospital. If the recipient is discharged and mentally unstable, a petition is filed for involuntary commitment in the community. In this case the unit nurse determined, and the record confirms (Progress Notes), that the recipient was stable when he was released to his home at 11:00 p.m. on 11/27/08.

STATUTORY BASIS

The Mental Health Code specifically describes the requirements for the administration of psychotropic medication:

If the services include the administration of electroconvulsive therapy or psychotropic medication, the physician or the physician's designee shall advise the recipient, in writing, of the side effects, risks, and benefits of the treatment, as well as alternatives to the proposed treatment, to the extent such advice is consistent with the recipient's ability to understand the information communicated. The physician shall determine and state in writing whether the recipient has the capacity to make a reasoned decision about the treatment. The physician or the physician's designee shall provide to the recipient's substitute decision maker, if any, the same written information that is required to be presented to the recipient in writing. If the recipient lacks the capacity to make a reasoned decision about the treatment, the treatment may be administered only (i) pursuant to the provisions of Section 2- 107 or 2-107.1 or (ii) pursuant to a power of attorney for health care under the Powers of Attorney for Health Care Law or a declaration for mental health treatment under the Mental Health Treatment Preference Declaration Act. (405 ILCS 5/2-102).

The Code also guards all adult recipients against the use of unwanted services, including medications, unless it becomes necessary to prevent serious and imminent physical harm:

An adult recipient of services or the recipient's guardian,… if any, must be informed of the recipient's right to refuse medication. The recipient and the recipient's guardian or substitute decision maker shall be given the opportunity to refuse generally accepted mental health…services, including but not limited to medication. If such services are refused, they shall not be given unless such services are necessary to prevent the recipient from causing serious and imminent physical harm to the recipient or others and no less restrictive alternative is available. (405 ILCS 5/2-107).

Whenever a guaranteed right within Chapter II of the Code is restricted, including the right to refuse medication, the facility must issue a notice that describes the reasons for the restriction to the recipient and any person or agency he or she designates (405 ILCS 5/2-201).

Additionally, the Illinois Administrative Code for County Jail Standards, Section 701.160, states that psychotropic medication shall not be used as a disciplinary device or control measure (20 Ill. Admin. Code 701.160).

CERMAK HEALTH SERVICES POLICY

Cermak Health Services provided the HRA with their policy on the recipient's right to refuse treatment. It states:

A patient or the person authorized to give consent for the patient has the right to refuse treatment, examination, procedures or services unless it is determined that such exercise clearly and presently endangers self or others. In the case of a refusal which does not constitute a clear and present danger to self or others, the treatment, examination, procedures or services are not to be provided.

Additionally, Cermak's policy outlines the procedure for the authorization of involuntarily administered psychotropic medication:

Involuntarily administered psychotropic medication must be given only under the order and authorization of a physician/psychiatrist. Ideally, all treatment should be given with the informed consent of the patient. Involuntarily administered psychotropic medication may be used when the patient poses an imminent or persistent threat to self or others or is gravely disabled.

CONCLUSION

The Mental Health Code (5/2-102 a-5) specifies that if recipients receive psychotropic medication, the physician or the physician's designee shall advise the recipient, in writing, of the side effects, risks, and benefits of the treatment, as well as alternatives to the proposed treatment, to the extent such advice is consistent with the recipient's ability to understand the information communicated. Also, the physician shall determine and state in writing whether the recipient has the capacity to make a reasoned decision about this medication. For medication, and all other treatment, the recipient always has the right to refuse services. If these services are refused, then the Code mandates that they will not be given unless they are necessary to prevent the recipient from causing serious and imminent physical harm (5/2-107).

In this case the recipient was administered three injections of psychotropic medication per the MAR. Although the record does not indicate that the recipient refused these medications, it is difficult to imagine that a person who had refused all services, and specifically psychotropic medication, from the time of his arrival into the jail, would willingly accept an emergency injection of the same. In at least one of these instances described on 11/27/08 the notes indicate that the recipient was given an injection because he had refused his prescribed medication, clearly violating his right to refuse treatment as guaranteed by law. Nowhere in the Progress Notes or the MAR is there an indication of dangerousness or threat of imminent harm on the part of the recipient. Additionally, it is not clear that the recipient ever received information regarding his medication in order to give informed consent. Nor is there a capacity statement to determine if he had the decisional capacity to make reasoned choices for his treatment, and Restriction of Rights forms were not completed as mandated by the Mental Health Code. Finally, there is no indication from the record that the recipient was given the opportunity to identify his preferences for emergency treatment.

The HRA substantiates the complaint that Cermak Hospital administered forced psychotropic medication in violation of the Mental Health Code.

RECOMMENDATIONS

1. Develop, implement, and train staff on policy and procedure for emergency medication that complies with the Mental Health Code and the Administrative Code. Instruct staff to follow the Mental Health Code and Administrative Code requirements and administer emergency medications only for behaviors that indicate the need to prevent serious and imminent physical harm and no less restrictive alternative is available (405 ILCS 5/2-107 and 20 Ill. Admin. Code 701.160).

2. Train staff to accurately document the incidents of forced emergency medication with specific descriptions of behaviors that indicate serious and imminent physical harm (405 ILCS 2-107).

3. Be certain that Restriction of Rights Notices are completed for every instance of rights restriction and that they comply with the Mental Health Code (405 ILCS 5/2-107 and 5/2-201).

4. Ensure that the recipient’s preferences for emergency treatment are noted in the treatment plan and are accessible to staff should the need arise. Also, be sure that staff give due consideration to the preferences of the recipient regarding which form of intervention to use. (405 ILCS 5/2-102 a and 5/2-200 d).

5. The Mental Health Code states that whenever psychotropic medications are proposed the physician is to determine and state in writing whether the recipient has capacity to make reasoned decisions about the treatment. If capacity is lacking, the treatment may only be given in an emergency (5/2-107) or upon court order (5/2-107). Ensure that a capacity statement is completed and entered into the record.

6. Ensure that absent an emergency, recipients are advised in writing of the side effects, risks, benefits and alternatives to prescribed medications (5/2-102 a 5). Should the recipient refuse consent, note this refusal in the record.

7. Revise the hospital policy for the authorization of involuntarily administered psychotropic medication to eliminate the phrase "gravely disabled".

SUGGESTION

1. The administration of emergency psychotropic medication is a clinical determination made in response to a crisis situation and thus by definition is not appropriate as a standing order or PRN. The HRA suggests that Cermak staff make every effort to obtain consent for all psychotropic medication and prescribe emergency medication based on the determination of the recipient's danger to self or others at the time of his emergency situation.

2. All grievances should be addressed using the established grievance procedure and not discarded because the detainee is no longer being held in the facility.