A reporter submitted a FOIA request to a police department (PD) seeking certain records relating to a 2018 homicide. In response, the PD disclosed certain redacted records but withheld other records, on the basis that release of certain exempt records
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Court Finds In Favor of Board of Education in FOIA Challenge
In 2014, a former teacher, filed a pro selawsuit against a Board of Education (Board), alleging various FOIA violations related to the former teacher’s 30 FOIA requests, including that the Board withheld responsive documents and the Board failed to…
Court Upholds Redaction of Requester’s Own Private Information Under FOIA
An inmate filed a FOIA request to a City seeking certain records pertaining to the inmate. The City provided the requested records but redacted the inmate’s private and personal information, including the inmate’s home address, home telephone number, date of…
Court Rejects First Amendment Claim Involving Persons’ Failure to Provide ID
On August 2, 2022, the Seventh Circuit Court of Appeals issued an opinion finding no First Amendment violation where three individuals failed to provide their ID to a police officer where there was probable cause to arrest them. Lyberger v. …
PAC Says Resumes of Candidates for Elected Office Are Releaseable Under FOIA
The Public Access Counselor of the Illinois Attorney General’s office (PAC) just issued its 11th binding opinion of 2022 finding a public body in violation of FOIA for failing to provide copies of the applications submitted by candidates for appointment…
School Board Members Blocking of Parents on Social Media Violated First Amendment
We have reported in the past about the potential implication of the First Amendment when public officials engage on social media. Not all conduct or activities by public officials will trigger First Amendment protections and rights, but when a public…
City’s Citation for Business License Violation Upheld by Court
Recently, an Illinois Appellate Court upheld a circuit court’s ruling in favor of a City’s administrative decision imposing a fine against a parking lot owner for failure to obtain a business license. 895 Wood Dale LLC v. City of Wood…
Fourth District Interprets FOIA Attorneys’ Fee Provision
In response to a three-part FOIA request submitted to a City in January 2020, the City responded two weeks later that it did not possess responsive records to part 1 of the request, that part 2 was unduly burdensome, and…
PAC Finds Board in Violation of OMA for Closed Session Discussion
The PAC issued its 10th binding opinion of 2022 this week finding a public body in violation of the OMA for exceeding the scope of permissible topics in closed session. PAC Op. 22-010At one of its meetings, a school…
Court Finds No Common Law Dedication of Detention Pond to City
An Illinois Appellate Court recently ruled in favor of a municipality in a dispute between the municipality and homeowners as to the ownership and responsibility over a detention pond on the homeowners properties. Reich v. City of Lake Forest. Two…