Lincoln Chapter v. State of Illinois

[*38] On June 4, 1962, he escaped, and was apprehended, and punished in Smith Cottage. On his release, he was angry, because he was to be placed on a locked floor of North Wing, instead of being returned to the second floor, and to his job in the storeroom. He escaped again on June 12, 1962, and entered the Sportsmen’s Club near the institution. There he destroyed articles of furniture, tore an American flag, and set it afire. He stole food and a large hunting knife, and threatened a woman and her daughter with this knife in an attempt to get them to drive him to Springfield.

He bragged about his attempt to assault the security guards, who came to apprehend him, and admitted that he threatened them with the knife, which he stole from the premises.

He made repeated homicidal threats against “American Schwein”, spoken in pseudo-German, and hinted about his private communications with Nazi leaders.

After the escape in question, Chambers conducted a full interview with Bluemel, and suggested that he be transferred to the Illinois Security Hospital for his protection and the protection of others.

In Chambers’ opinion, Lincoln State School lacks sufficient staff in several areas of functioning. He stated: “It turned out that Robert needed much more supervision than we gave him. Robert was in Smith Cottage, and participated in our rehabilitation, and he was released to work in connection with rehabilitation proceedings there. This meant that he was allowed to return to the second floor of North Wing and to his job, where he had undue freedom, and then he was, for one month, in solitary confinement in the night time. Then the decision was made to have him leave Smith Cottage, and be on the locked floor, which, on the face of it, I didn’t think he was capable to adjust to this freedom in the daytime, and then being locked up in the evening, What had happened was the decision of how [*39]

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Robert was to be handled was made at different places and according to different programs, and it is not like we would like it to be-in other words, the consistency of it.”

Chambers further testified that five psychologists are employed at Lincoln State School for 5,200 to 5,500 patients.

When Chambers interviewed Bluemel in 1958, he did record a finding, which would indicate a disturbed personality, which might be damaging to people and property. In his opinion there was not sufficient personnel at the Lincoln State School, either before or during June, 1962, to study and evaluate the mental conditions of the patients at the institution.

Before recovery may be granted, claimant must prove by a preponderance of the evidence that the State, by and through its servants, was negligent in failing to exercise reasonable care to prevent the escape of the patient, and that the negligence of the State was the proximate cause of the damage inflicted upon claimant’s property.

Respondent presented no testimony in the proceedings, but joined in the offer of an exhibit.

In Redebaugh vs. State of Illinois, 22 C.C.R. 306, this Court said: “The Department of Public Welfare owes a duty to the public to see that inmates of a State School do not escape, and cause injury to others.” The Court further stated at page 308: “Since respondent did not offer any evidence in rebuttal that would show that reasonable efforts were made to prevent the escape of the inmates, or any other facts or circumstances surrounding their escape, the Court must conclude that there were no facts and circumstances.”

The Court has also held in similar factual situations that, if claimant makes a prima facie case, and respondent offers no evidence as to the circumstances surrounding the [*40] escape, it will conclude that claimant has sustained the burden of proof. Cud Puulus vs. State of Illinois, No. 4945; U.S.F. G G. vs. State of Illinois, 23 C.C.R. 188.

Both the official in charge of security at the Lincoln State School and the Chief Psychologist testified that the patients were not adequately supervised, and the psychologist stated that there was not sufficient personnel to evaluate the mental conditions of the approximately 5,000 patients in residence at the institution.

In view of the patient’s history: five escapes, one just d eight days prior to the incident question, his homosexual activities, his paranoid symptoms, and the findings of a disturbed personality, which might be damaging to people and property, it was reasonable to anticipate that allowing him freedom of the Lincoln State School, which is an open institution, might or could result in damage to persons or property.

It is the opinion of the Court that respondent was negligent in failing to exercise reasonable care to prevent the escape of Robert Bluemel, and that this negligence was the proximate cause of the damages i d i c t e d upon the property of claimant by the inmate, Robert Bluemel.

The Departmental Report, submitted by Dr. Joseph Albaum, Superintendent of Lincoln State School, states that the estimate of damages caused by Robert Bluemel to claimant’s property is approximately $1,000.00, and that the figure of $970.18, listed by the bill of particulars, is correct. The Report states: “The claimant is justly entitled to the amount therein.”

The claimant, Lincoln Chapter, Logan County Federation of Sportsmen’s Clubs, an Illinois Not-For-Profit Corporation, is, therefore, awarded the sum of $970.18.