Chicago, IL
Israel
In 1983 Rabbi Isador Trachtman was accuse of cult like practices at the HaMasmid Institute, Chicago, IL. Over the years allegations were made that he manipulated women into having sexual relations with him
The Jewish Learning Center
closed down, and Rabbi Trachtman moved to Israel, where he currently resides.
In 1970, Rabbi Trachtman's son was on board a air plane that was hijacked.
In 1970, Rabbi Trachtman's son was on board a air plane that was hijacked.
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Disclaimer: Inclusion in this website does
not constitute a recommendation or endorsement. Individuals must decide for
themselves if the resources meet their own personal needs.
Table of
Contents:
1970
1984
1985
1970
- Chicago Rabbi Tells of Son on Hijacked Jet in Jordan Desert (09/10/1970)
- All We Can Do Is Pray and Wait': Hostage's Kin (09/11/1970)
- For Hostages' Kin, The Vigil Continues (09/13/1970)
- Rabbi Expects Son Back Home Tonight (09/14/1970)
- Hijacked Boy Greeted With Song, Dance (09/15/1970)
1984
- Rabbi hit in 'sex-slavery' suit (12/21/1984)
1985
- PEOPLE ex rel. ROSEMAN v. TRACHTMAN (12/09/1985)
- Briefs (12/17/1985)
Also see:
- Pamphlet
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Chicago Rabbi Tells of Son on Hijacked Jet in Jordan Desert
Chicago Tribune - September 10, 1970
Case of Rabbi Isadore Trachtman |
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All We Can Do Is Pray and Wait': Hostage's Kin
Chicago Tribune - September 11, 1970
Case of Rabbi Isadore Trachtman |
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For Hostages' Kin, The Vigil Continues
Chicago Tribune - September 13, 1970
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For Hostages' Kin, The Vigil Continues
Chicago Tribune - September 13, 1970
Case of Rabbi Isadore Trachtman |
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Rabbi Expects Son Back Home Tonight
Chicago Tribune - September 14, 1970
Case of Rabbi Isadore Trachtman |
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Chicago Tribune - September 15, 1979
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Rabbi hit in 'sex-slavery' suit
Chicago Sun Times - December 21, 1984
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Case Name: PEOPLE ex rel. ROSEMAN v. TRACHTMAN
December 9, 1985
THE PEOPLE ex rel. CYNTHIA ROSEMAN et al., by their
Parents, Max Roseman et al., Plaintiffs-Appellants, v. ISADORE TRACHTMAN,
Defendant-Appellee
139 Ill. App. 3d 5 *
487 N.E.2d 77 **
1985 Ill. App. LEXIS 2787 ***
93 Ill. Dec. 633 ****
No. 84-1244
Appellate Court of Illinois, First District, First
Division
December 9, 1985, Filed
Prior History:
[***1]
Appeal from the Circuit Court of Cook County; the Hon.
James C. Murray, Judge, presiding.
Disposition: Judgment affirmed.
Counsel: Henry L. Mason III and Chaim
T. Kiffel, both of Chicago, and James Alle, of Grosse Pointe, Michigan (Sidley
& Austin, of counsel), for appellants. Patrick W. O'Brien, Lynne
M. Raimondo and Ann Gales, all of Mayer, Brown & Platt, of Chicago, for
appellee Isadore Trachtman. Patrick T. Murphy, of Chicago, for appellees
Cynthia Roseman and Phillip Burnstein.
Judges: JUSTICE CAMPBELL delivered the opinion
of the court. BUCKLEY, P. J., and O'CONNOR, J., concur.
Opinion by: CAMPBELL
Opinion: [*7] [**78] [****634] Plaintiffs, Max and
Rose Roseman and Naomi Burnstein, appeal from the dismissal of their two-count
amended complaint filed on behalf of their adult children, Cynthia Roseman
and Phillip Burnstein, respectively. Count I alleged a cause of action in
habeas corpus which sought the release of Cynthia and Phillip from the alleged
domination and control of defendant, Rabbi Isadore Trachtman, dean of the
HaMasmid Institute, a school for the study of the Torah. Count II sought
equitable relief based upon an allegation of irreparable harm to Cynthia
and Phillip.
[***2] The circuit court found that it lacked jurisdiction
in either habeas corpus or equity to grant the relief requested and dismissed
the amended complaint without prejudice to file in either probate or mental
health court. Plaintiffs appealed. For the following reasons, we affirm the
judgment of the circuit court.
The record reveals the following facts pertinent to
this appeal. On October 14, 1983, at an ex parte hearing, plaintiffs filed
a two-count petition for writ of habeas corpus, alleging that Cynthia and
Phillip were being detained and unlawfully restrained of their liberty by
defendant. Plaintiffs further alleged that a writ was necessary to liberate
Cynthia and Phillip from defendant's bondage so that they could receive treatment
from mental health professionals. Based solely upon plaintiffs' petition,
the trial court issued a writ of habeas corpus, limited to directing defendant
[**79]
[****635] to produce Cynthia and Phillip in the courtroom
on October 20, 1983, and to certify and return therewith the time and cause
of their detainment and restraint. The court further enjoined defendant from
removing Cynthia and Phillip from the jurisdiction of [***3] the court.
On October 20, 1983, defendant appeared in court with
Cynthia and Phillip and filed a motion to dismiss the habeas corpus petition,
alleging, inter alia, that neither Cynthia nor Phillip are restrained or
deprived of their liberty by defendant. Defendant further moved to dissolve
the injunction on the ground that it was issued without notice to defendant
in violation of section 11 -- 102 of the Code of Civil Procedure (Ill. Rev.
Stat. 1983, ch. 110, par. 11 -- 102). At the same hearing, Cynthia and Phillip
moved for leave to intervene and to file their motion to dismiss. The trial
court dissolved the injunction and granted Cynthia and Phillip the right
to intervene and to file their motion to dismiss.
Plaintiffs then filed their answer together with a
supplemental memorandum and expert affidavits of clinical psychologists,
Margaret T. Singer and Jesse S. Miller, and sociologist, Richard J. Ofshe,
Ph.D. Each expert stated that in his or her opinion, Cynthia and Phillip
were being socially, psychologically and physically restrained of their liberty
[*8] by defendant.
Thereafter, Cynthia and Phillip filed a response to
which they attached their personal [***4] affidavits. In Cynthia's affidavit,
she stated that:
(1) she is 31 years old;
(2) her association with defendant has been voluntary
and of her own volition;
(3) she has never been beaten or punished by defendant;
(4) she has never been prevented from leaving defendant's
home, where she resides;
(5) allegations of sexual contact with participants
of the HaMasmid Institute are lies;
(6) she has never been prevented from visiting or
communicating with her family; and
(7) the only limitations on her freedom have been caused
by harassment by her parents and their agents.
In Phillip's affidavit, he stated, inter alia, that:
(1) he is 36 years old;
(2) he has been associated with defendant and the HaMasmid
Institute for the past 15 years as a student and as a worker; (3) he has
been free to associate with anyone and has never been restricted from visiting
or communicating with his family; (4) defendant does not control or sanction
his activities;
(5) within the last three years, he has earned his
bachelor of arts degree from Northeastern University and has become certified
in data processing; and
(6) prior to the current lawsuit, he saw his mother
regularly and spoke with her bi-weekly [***5] on the telephone. In addition
to their personal affidavits, Cynthia and Phillip also attached the affidavit
of Dr. Martin J. Schwarz, psychiatrist, who stated that he had interviewed
Cynthia and Phillip separately for approximately one hour each and, in his
opinion, there was no evidence of any form of domination or mind
control.
Subsequently, plaintiffs moved for leave to amend their
petition and to file a supplemental memorandum and "Jane Doe" affidavit which
contained a statement by an anonymous former female member of the HaMasmid
Institute who allegedly had observed the relationship between defendant and
Cynthia as well as between defendant and Phillip.
Following a hearing on defendant's and intervenors'
motions, the trial court dismissed the cause of action, concluding that a
writ of habeas corpus was not the appropriate legal remedy to try a case
involving mind control. The trial court stated that the appropriate remedy,
if any, is a petition under the Mental Health and Developmental Disabilities
Code (Ill. Rev. Stat. 1983, ch. 91 1/2, par. 1 -- 100 et seq.) or a petition
in the probate court for appointment of a guardian. Further, the court found
that actual or [***6] physical restraint, which had not been alleged by
plaintiffs, is necessary to invoke a court's jurisdiction in habeas
corpus.
Plaintiffs then filed an amended complaint, alleging
physical restraint by mental means as well as irreparable harm, and seeking,
alternatively, [*9] habeas corpus or equitable relief. Defendant and intervenors
moved to dismiss the amended complaint [**80] [****636] for failure to state
a cause of action. Following extensive oral arguments, the trial court dismissed
the amended complaint without prejudice to file in probate or mental health
court. Plaintiffs' timely appeal followed.
On appeal, plaintiffs contend that the trial court
erred in dismissing the amended complaint. With respect to count I, plaintiffs
argue that physical restraint by mental means is a recognized ground for
habeas corpus relief which, at the very least, entitles them to an evidentiary
hearing.
At common law, the writ of habeas corpus was a highly
prerogative form of relief, the purpose for which was to allow the speedy
release of persons who were illegally deprived of their liberty. (See People
ex rel. Burbank v.Irving (1982), 108 Ill. App. 3d [***7] 697, 439 N.E.2d
554.) In order to state a cause of action in habeas corpus, petitioner must
allege a prima facie case of unlawful restraint. (Ill. Rev. Stat. 1983, ch.
110, par. 10 -- 102; see United States v. Ju Toy (1980), 198 U.S. 253, 49
L. Ed. 1040, 25 S. Ct. 644.) Thus, mere allegations of physical restraint,
whether by mental or physical means, are insufficient unless supported by
factual allegations of illegality.
It is axiomatic that when considering a motion to dismiss,
all well-pleaded facts are admitted as true and all surplusage and conclusory
allegations are disregarded. (See Allstate Insurance Co. v. Winnebago County
Fair Association, Inc. (1985), 131 Ill. App. 3d 225, 475 N.E.2d 230; Teeple
v. Hunziker (1983), 118 Ill. App. 3d 492, 454 N.E.2d 1174.) Accordingly,
pleadings which state mere conclusions and characterize acts rather than
set forth facts are insufficient to state a cause of action. People v. Patrick
J. Gorman Consultants, Inc. (1982), 111 Ill. App. 3d 729, 444 N.E.2d
776.
In the present case, upon review of the pleadings,
it is our opinion that count I of plaintiffs' amended complaint is replete
with vague allegations, characterizations [***8] and conclusions and lacks
the necessary well-pleaded facts to support an allegation of unlawful restraint.
Plaintiffs allege that defendant has
(1) taken control of both Cynthia's and Phillip's autonomy,
mind, judgment and will;
(2) impaired their cognitive functioning;
(3) imposed acts of compulsion upon Cynthia such as
strict obedience, performance of menial work, sexual intercourse, denial
of communication with family and friends, submission to humiliating physical
and verbal discipline;
(4) regulated, controlled and isolated Phillip;
(5) required Phillip to quit his job; and (6) forced
Phillip to engage in illicit and unlawful activities. We find that the
aforementioned conclusory allegations are insufficient in themselves to
constitute a [*10] prima facie showing of unlawful restraint, and conclude
that plaintiffs have failed to state a cause of action for habeas corpus
relief. Our decision is buttressed by the fact that Cynthia and Phillip expressly
stated in their affidavits that they are voluntary members of the HaMasmid
Institute and have not been subjected to punishment, restraint or sexual
abuse by defendant. It is well established that habeas corpus [***9] relief
is not applicable to an adult who voluntarily remains in his or her environment.
Cf. People ex rel. Drury v. Catholic Home Bureau (1966), 34 Ill. 2d 84, 212
N.E.2d 507.
In addition, we do not find that the affidavits of
the clinical psychologists and sociologist submitted by plaintiffs lend the
necessary factual support to plaintiffs' allegations of mind control. By
their own admission, neither Dr. Singer nor Dr. Ofshe had ever met with Cynthia
or Phillip. Dr. Miller had met with Cynthia for approximately 20 minutes
and with Phillip for less than five minutes on one occasion immediately following
the October 20 hearing. Further, we find the "Jane Doe" affidavit equally
unpersuasive on the grounds that it merely characterizes alleged conduct
and sets forth vague allegations.
With respect to count II of plaintiff's complaint which
sought equitable relief predicated upon irreparable harm, plaintiffs realleged
the vague and conclusory allegations of count I, adding only that "Cynthia
and Phillip are suffering irreparable harm of a continuing nature" and that
[**81] [****637] they are without an adequate remedy at law. In our view,
plaintiffs' claim of irreparable [***10] harm fails to sufficiently specify
a legally cognizable harm upon which relief can be granted. (See People v.
Patrick J.Gorman Consultants, Inc. (1982), 111 Ill. App. 3d 729, 444 N.E.2d
776.) Regarding the availability of an adequate remedy at law, we concur
with the trial court that mental issues are more appropriately brought before
the mental health court for a determination of mental competency pursuant
to the Mental Health and Developmental Disabilities Code (Ill. Rev. Stat.
1983, ch. 91 1/2, par. 1 -- 100 et seq.) or before the probate court pursuant
to section 11a -- 3 of the Probate Act of 1975 (Ill. Rev. Stat. 1983, ch.
110 1/2, par. 11a -- 3). While we are cognizant of plaintiffs' genuine concern
for the well-being of their adult children, we find that the pleadings fail
to establish a cause of action for which relief can be granted.
Accordingly, we affirm the judgment of the circuit
court of Cook County.
Affirmed.
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BRIEFS
Chicago Tribune - December 17, 1985
For a 7th appearl of the Walter Jacobson libel loss, CBS will assist Sidley * Austin with P. Cameron DeVore of Seattle, known as a 1st Amendment specialist and inventive appeals attorney who had represented the networks in moves to lift restrictions on news gathering but is not widely known as a libel expert. . . Sidley loses another as the Illinois Appeals Court affirm the dismissal of a lawsuit that birthed a notorious newspaper headline elsewhere ["Rabbi hit in 'sex-slavery' suit"] and which charged that Rabbi Isadore Trachtman held two people in "psychological bondage."
Winners are Mayer Brown & Platt's Patrick O'Brien, Lynn Ralmondo and Ann Gales, who represented the rabbi, and Public Guardian Patrick Murphy, who handled the duo whose parents claimed were held in bondage.
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Pamphlet
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