D. Defamation Issues
I have been called upon to defend a number of controversial figures in defamation cases and have successfully defended their statements as true and not defamatory. These cases include but are not limited to: Stevens v. Tillman, 651 F. Supp. 702 (N.D. Ill. 1986), affirmed, 855 F.2d 394 (7th Cir. 1988) (successful defense at jury trial and on appeal of protesting parents sued on reverse discrimination and defamation theories); Chamberlin v. Brown, (Cir. Ct. of Cook County) (lawyer who identified doctors who hastened death of dying patients acquitted by jury); and Stemberk v El Heraldo, (Circ. Ct. of Cook County) (successful defense of local Hispanic newspaper charged with defaming absentee alderman).
E. Injury and Disability Issues
For years, we have litigated and tried personal injury cases for plaintiffs and defendants. These have involved automobile accidents, malpractice claims (against both lawyers and physicians), premises liability issues, dram shop claims, and other tort theories.
In addition to this traditional work, I have been involved in a number of other interesting projects for the disabled, including:
1. Quern v. Jordan, 440 U.S. 332, 47 U.S.L.W. 4241 (1979) (second chair), where aged, blind and disabled public assistance recipients were held to have a right to notice of administrative remedies within which they could apply for and obtain back benefits wrongfully denied them; back benefits were restored to thousands of recipients.
2. Powell v State of Illinois, 18 C 06675 (N.D. Ill.), a federal class action filed in 2018 on behalf of Chicago African-American children traumatized by exposure to gun violence and disabled under the ADA, seeking an accommodation from the State that would require the State Police to provide meaningful regulation of the suburban gun dealers that have supplied 40% of the guns used in Chicago's violence, as well asserting a race discrimination claim on behalf of these children, see order denying motion to dismiss (N.D.Ill., Sept. 30, 2019).
3. Benson v. Blaser, No. 80 C 2346, consent decree (N.D. Ill., May 21, 1980), contempt order (December 21, 1981), aff'd by unreported order (7th Cir., May 18, 1983), where we enjoined the Illinois Department on Aging from closing down its in-home care program for the elderly disabled due to budgetary shortfalls.
4. For thirty-seven years, representing the Chicago Area Black Lung Association and prosecuting hundreds of claims on behalf of disabled ex-coal miners before administrative law judges, the Benefits Review Board and numerous federal courts of appeals. I have handled more than fifty black lung appeals before the various courts of appeals. See, e.g. Southern Ohio Coal Co. v Director, OWCP [Johnston], No. 18-3367, 2019 U.S. App. LEXIS 3053 (6th Cir. 2009); Conesville Coal Preparation Co. v Porth, No. 18-3103, 2018 U.S. App. LEXIS 26563 (6th Cir., 2018); Gunderson v United States Department of Labor, 601 F3d 1013 (10th Cir. 2010) and Blue Mountain Energy v Director, OWCP [Gunderson], 2015 U.S. App. LEXIS 19802 (10th Cir. 2015); Simco Peabody Coal Co. v Director, OWCP [Ruby], 2015 U.S. App. LEXIS 19426 (6th Cir. 2015); RAG American Coal Co. v. Director [Buchanan], 576 F.3d 418 (7th Cir. 2009); Elm Grove Coal v. Director, OWCP [Blake], 480 F.3d 278 (4th Cir. 2007); Stalcup v. Peabody Coal Co., 477 F.3d 482 (7th Cir. 2007); U .S. Steel Mining Co. v. Director, 386 F.3d 977 (11th Cir. 2004); Midland Coal v. Director [Shores], 358 F.3d 486 (7th Cir. 2004); McNally Pittsburgh Mfg. Co. v. Director, 2004 WL 238863 (10th Cir. 2004); Freeman United Coal Co. v. Summers, 272 F.3d 473 (7th Cir. 2001); Beatty v. Danri Corp., 49 F.3d 993 (3d Cir. 1995); Amax Coal Co. v. Franklin, 957 F.2d 355 (7th Cir. 1992); Eifler v. OWCP and Peabody Coal, 926 F.2d 663 (7th Cir. 1991) and 13 F.3d 236 (7th Cir. 1993); Jordan v. Benefits Review Board, 876 F.2d 1455 (11th Cir. 1989) and Nance v. Director, 861 F.2d 68 (4th Cir. 1988). I have also lectured throughout the country to ALJs, physicians, union leaders, and others on black lung issues, and trained numerous advocates. In 2002, I was appointed by HHS to serve as a member of a medico-legal clinical consensus conference, which developed a consensus document on the diagnosis and treatment of coal dust-induced lung disease. I represented the United Mine Workers of America in connection with the extensive 1997-2000 rulemaking proceedings on the Department of Labor's proposed revisions to the black lung program regulations, and served as the UMWA’s lead counsel in National Mining Assn. v. Chao, 160 F. Supp. 2d 47 (D. D.C. 2001), aff’d in substantial part, 292 F.3d 849 (DC Cir. 2002), the case filed by the coal and insurance industries in the D.C. District Court challenging the new regulations, in which the Court ruled for the UMWA. I also served as counsel for the United Mine Workers of America, the National Coalition of Black Lung and Respiratory Disease Clinics, the National Black Lung Assn., and various miners on an amicus brief before the U.S. Supreme Court in State of Florida v Department of Health and Human Services, Nos. 11-393 and 11-400 (the Obama health care litigation), urging severability of the black lung provisions of the Act.
5. Through the years, I have handled or supervised the handling of hundreds of Social Security disability and other disability claims.
6. For twenty-five years, I have served as counsel to the Pacific Garden Mission, a large rescue mission in Chicago that provides shelter and a host of services to the homeless, as well as Biblical training and counsel. I defend the Mission in litigation, assist with closing the acquisition of donated property and counsel its board on a wide variety of legal issues. I do this on a pro bono basis. We were successful in PGM v. City of Chicago, 96 C 5426 (N.D. Ill), where we prevented City zoning officials from closing the Mission's group home on an ADA theory. We also successfully represented the Mission in a complicated condemnation matter initiated by the Chicago School Board (winning a $13 million settlement); handled all land acquisition, construction and financing issues in connection with the Mission’s building of its new $24 million home, opened in 2007; and the sale of the Gospel League Home.
7 We have also been a cooperating law firm with the Council for Disability Rights, which handles cases on behalf of the disabled. In 1994, we represented disabled children excluded from suburban park district programs on account of their disabilities and negotiated the elimination of a discriminatory $1,400 per child "administrative fee," using the Americans for Disabilities Act.
F. Health Law Issues
I have spent a considerable amount of time in recent years on health issues, including:
1. Representing Rush-Presbyterian-St. Luke's Medical Center, a large medical facility, for more than fourteen years, on medical-ethical issues involving their heart transplant program; other ethical questions; disputes with other institutions and with private practitioner groups; employment issues; disputes between residents and the institution; and in defending malpractice cases. This work has involved everything from advice and counseling to numerous jury trials. E.g., Botvinick v. Rush University Medical Center, 574 F3d 414 (7th Cir. 2009), a multi-count attack on Rush’s participation in credentialing proceedings of a physician who lost privileges at a hospital, where we won summary judgment in 2008 for the defendants and the decision was affirmed; and Shott v Rush-Presbyterian, 2000 U.S. Dist. LEXIS 8014 (N.D.Ill. 2000), a defense at jury trial of an ADA and religious discrimination claim.
2. Representing Compass HMO on litigation matters, including Compass HMO v. Chicago Board of Education, 246 Ill. App. 3d 746, 617 N.E.2d 6 (1st Dist. 1992) (requiring school board to competitively bid its multimillion-dollar HMO business).
3. Representing a number of physicians in disputes with licensing authorities, with managed care institutions and on other issues.
4. Handling ERISA claims, challenging coverage of various procedures, including allegedly experimental treatments, e.g., on an emergency basis winning an autologous bone marrow transplant for a woman with breast cancer. See, e.g., Moroney v. Prudential Insurance, 92 C 6795 (N.D. Ill.).
G. Police, Security and Criminal Defense Work
I have tried and handled many criminal matters from the defense side --- everything from forcible felonies to DUIs, as well as collateral attacks on convictions, e.g. U.S. ex rel. Jackson v Bowen, 2005 WL 1139314 (N.D. Ill., 2005). I have also litigated against the police in federal court on misconduct issues, handling excessive force and wrongful arrest claims against both Chicago and suburban police officers. Aside from this I have been:
1. Selected from a large number of applicants to serve as a hearing officer for the Chicago Police Board, where I have presided at more than two-hundred trials seeking the discharge of police officers for excessive force, criminal conduct and other good cause. I try about two of these cases every month and some are very high profile. The cases are reviewed through the state court system. See, e.g., Contreras v McCarthy, 2015 IL App LEXIS 141241-U (1st Dist. 2015); Prince v McCarthy, 2015 IL App. LEXIS 131514-U (1st Dist. 2015); Valdez v Police Board of the City of Chicago, 2012 Ill.App.Unpub. LEXIS 432 (1st Dist. 2012); Daniels v. Police Board of City of Chicago, 338 Ill. App. 3d 851, 789 N.E.2d 424 (1st Dist. 2003); Krocka v. Police Board of City of Chicago, 327 Ill. App. 3d 36, 762 N.E.2d 577 (1st Dist. 2001); Haynes v. Police Board of City of Chicago, 293 Ill. App. 3d 508, 688 N.E.2d 794 (1st Dist. 1997). I also review many appeals by officers who have been suspended for up to thirty days.
2. Named a hearing officer for the Illinois State Police Merit Board, where I presideD over cases seeking the discharge or discipline of Illinois State Troopers, until I resigned in September of 2018.
3. Worked with Chief Judge Timothy Evans for the last seven years on developing and instituting reforms in the pre-trial risk assessment program and in the bond court, including drafting the Judge's order prohibiting the use of cash bonds that the defendant cannot afford. These reforms have reduced the Cook County jail population from over 13,000 to 6500.
4. Retained both by the Chicago Housing Authority and by Rush-Presbyterian-St. Luke's Medical Center to defend numerous federal and state lawsuits brought against their police and security officers. See, e.g. Doe v Hudgins, 1998 U.S. Dist. LEXIS 12217 (N.D.Ill. 1998); and Hughley v Hudgins, 1997 U.S. Dist. LEXIS 7442 (N.D.Ill. 1997).
5. For years, we were deeply involved in litigation involving CHA security. Most notably, we have handled Triad Security, Inc. et al. v. Chicago Housing Authority, et al., 688 F. Supp. 1277 (N.D. Ill. 1988); reversed in part, 892 F.2d 583 (7th Cir. 1989) and 10 F.3d 492 (7th Cir. 1993), a longstanding defense of CHA's decision to award security business to minority firms, that ultimately was settled on favorable terms.
6. Represented Art’s Enterprises in state court litigation that allowed this minority electronic finger printing vendor to eliminate the state-enforced monopoly on this business granted to a white contractor.
H. Public Benefits
For much of my early career, I focused on large class litigation on behalf of the poor, involving their right to public benefits. I was intimately involved in shaping policy in this area, through the courts and the legislature. Highlights include:
1. AFDC Families:
Illinois Welfare Rights Organization v. Miller, No. 73 C 2437, consent decree (September 28, 1991), attorneys' fees, 723 F.2d 564 (7th Cir. 1984) (increasing Illinois' AFDC standard of need, used to determine eligibility and the amount of a family's grant)
Southeast Concerned Welfare Recipient Organization v. Miller, No. 82 C 6454, preliminary injunction order (N.D. Ill., October 30, 1982) (Public Aid Department held to be using constitutionally inadequate notice in terminating families from AFDC for failure to comply with monthly reporting requirements)
Taylor v. Miller, No. 79 C 3767, final consent decree (N.D. Ill., September 20, 1984), and People ex rel. IDPA v. Santos, 100 Ill. App. 3d 237 (1st Dist. 1981), rev'd in part, 92 Ill. 2d 120 (1982) (invalidating Public Aid's method of recovering alleged overpayments of assistance)
Rivera v. Miller, No. 81 C 3187, final injunction order (N.D. Ill., September 27, 1982) (putative paternal relatives held eligible for AFDC benefits)
Davis v. Coler, 601 F. Supp. 444 (N.D. Ill. 1984), consent decree (July 26, 1985), affirmed, 789 F.2d 474 (7th Cir. 1986), cert. petition denied in light of decision in Lukhard v. Reed, 55 U.S.L.W. 4561 (1987) (challenge to Public Aid's and HHS's application of lump-sum disqualification regulations)
2. General Assistance Recipients:
Carey v. Quern, 588 F.2d 230 (7th Cir. 1978) (Public Aid required to provide clothing benefits to General Assistance recipients and back benefits restored to thousands of recipients)
Illinois Welfare Rights Coalition v. Miller, No. 81 C 7118, preliminary injunction order (N.D. Ill., December 28, 1981), second preliminary injunction order (N.D. Ill., January 28, 1982) and Estep v. Illinois Department of Public Aid, 92 Ill. 2d 510 (1982), on remand, 115 Ill. App. 3d 644 (1st Dist. 1983) (enjoining various plans by Public Aid to reduce the General Assistance grant paid in Chicago)
Lake v. Illinois Department of Public Aid, No. 79 CH 3434, consent decree (July 10, 1979) (Public Aid enjoined from denying General Assistance to homeless persons)
McReynolds v. Illinois Department of Public Aid, No. 81 CH 8419, consent decree (April 12, 1982) (Public Aid enjoined from denying General Assistance to seasonally-employed persons)
Kelly v. Illinois Department of Public Aid, No. 83 L 50678, preliminary injunction order (November 15, 1983) (Public Aid enjoined from denying General Assistance to persons who failed to return certain Job Search forms and back benefits restored to hundreds of recipients)
Miller v. Illinois Department of Public Aid, 94 Ill. App. 3d 11 (1st Dist. 1981) (challenge to Public Aid's refusal to pay for medically necessary eye and dental care for GA recipients)
3. Food Stamps Recipients:
Dietrich v. Miller, No. 77 C 1373, consent decree (N.D. Ill., October 5, 1979), attorneys' fees, 494 F. Supp. 42 (N.D. Ill. 1980), contempt order (October 2, 1980) (delay in decision and implementation of food stamps appeals enjoined, penalty payments ordered)
Illinois Welfare Rights Movement Org. v. Coler, 84 C 10689, consent decree (N.D. Ill, December 22, 1988) (decree restructuring Public Aid's Food Stamp work registration and workfare programs to conform with federal law)
4. Crime Victims Compensation Benefits:
Hernandez v. Fahner, 135 Ill. App. 3d 372, 481 N.E.2d 1004 (1st Dist. 1985) (Attorney General's policy of denying crime victims compensation benefits based on immigration status of victim ruled unlawful under the Act)
5. Collection Practices:
Sherman v. Field Clinic, 74 Ill. App. 3d 21 (1st Dist. 1979) (debtor given private right of action under Illinois law to sue for harassment by bill collector and collector's doctor client)
6. Legislative Initiatives:
In the 1980's, I represented various clients and coalitions of client groups in drafting legislation, securing its enactment by the General Assembly, and negotiating (and/or litigating) issues pertaining to its implementation. This legislation includes, but is not limited to: Public Act 83-193 (establishing Illinois' Interim Assistance public assistance program for persons applying for Social Security Disability benefits); Public Act 84-804 (requiring that Public Aid pay attorneys' fees to attorneys who win SSI disability cases); and House Bill 1474 (mandating that Public Aid allow AFDC mothers to complete college, as an alternative to various work programs).
I. Community Representation
Over the years, I have represented many community organizations, churches, and other groups of citizens engaged in campaigns and projects generally on behalf of the poor. These have included some of the city’s most prominent organizations like The Woodlawn Organization, The Midwest Community Coalition, The Heart of Uptown Coalition, The Pacific Garden Mission, The Rudy Lozano Justice Center, Centro Sin Fronteras, Bickerdike Redevelopment Corporation and The Chicago Welfare Rights Organization, as well as small groups like Fifth City Seniors, Adalberto United Methodist Church, the Chicago Area Black Lung Assn., and countless others. I have secured 501(c)(3) certifications for those organizations, resolved tax issues, handled grant administration plus issues with donors, litigated a wide variety of matters and counseled them, in addition to assisting with policy matters.
Activities and Honors:
Married for 35 years with three children and one permanent foster child.
2019 Mike South Award from the National Black Lung Association, United Mine Workers of America, and National Coalition of Black Lung and Respiratory Disease Clinics for work on behalf of coal
miners around the country.
Nineteenth Annual Award for Excellence in Pro Bono Service, presented by the United
States District Court for the Northern District of Illinois and the Federal Bar Association (2018)
Member, Circle Evangelical Free Church, Oak Park, IL
Foster parent licensed by Hephzibah Children's Home
Oak Park Youth Baseball, Chicago Park District and Chicago Public Schools, manager and coach
for fifteen years in baseball
Attorney for Last Frontiers Mission, serving the indigenous Indian population in southern Mexico
Attorney for Poor Farm Exhibitions & Press Inc., a not-for-profit devoted to art exhibition and education
in rural Wisconsin.
Attorney for Mary Diaz Pancreatic Cancer Fund, a not-for-profit raising funds for cancer research
Pacific Garden Mission Beacon of Hope Award
President of Oak Park River Forest High School Wrestling Family, 2004 to 2010.
Member of the Beat the Streets board (beginning in 2018) (a Chicago inner-city wrestling program)
Board member of Judicial Accountability PAC (aimed at electing judges to the Circuit Court of Cook
County bench who are supportive of criminal justice reform)
1986-1987 Term -- Appointed Lecturer in Law at Northwestern University Law School, teaching
in the Clinical Trial Advocacy course
2000-present -- Engaged in handling cases for Centro Sin Fronteras, and representing the
organization, which assists immigrant families, with legal and other issues on a pro bono basis
1984-2001 -- Board Member of Uptown Peoples Law Center, a not-for-profit legal services center,
where I also handled scores of pro bono cases
1984-1988 -- Principal Counsel to Rudy Lozano Justice Center in the Mexican Little Village
neighborhood, another not-for-profit legal services center, where I also handled pro bono cases
1996-1997 -- Board Member, National Clearinghouse for Legal Services
John Powers Crowley Justice Award -- 1989
Making Democracy Work Award from Heart of Uptown -- 1987
. Independent Voters of Illinois -- Independent
Precinct Org. 1986 Award for Legal Services
to Independent Candidates
League of Women Voters State of the City Dinner
1984 Civic Contribution Award
Legal Assistance Foundation of Chicago's 1983
Equal Justice Award
Graduate, National Institute of Trial Advocacy -- 1979
Law Phone Excellence Award -- 1990, 1991 and 1992
Thomas E. Johnson Resume - JOHNSON JONES SNELLING GILBERT & DAVIS
