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Recent Court Decisions

Recent court and agency decisions involving board work

IASB's Office of General Counsel prepares summaries chosen from the Illinois Supreme and Appellate courts, federal court, agencies, the Illinois Public Access Counselor, and other tribunals issuing interesting decisions. Information in the summaries is limited to a brief synopsis and is not intended for purposes of legal advice. For the complete text of any case cited in this section, go to the Illinois state courts, Illinois Attorney General, or Federal courts finder links.

To search by the names of the plaintiff or defendant or other keyword, use the site search box located at the top of this website. Then filter results by Court Decision.

Questions regarding Recent Court and Agency Decisions should be directed to Maryam Brotine, ext. 1219, or by mbrotine@iasb.com.


Court decisions are listed in order of the date posted, with the most recent shown first.
  • Individual Board Member Interests
    Prayer
    Case: Town of Greece, N.Y. v. Galloway, - S.Ct.- (2014), 2014 WL 1757828.
    Decision Date: Monday, May 5, 2014

    The U.S. Supreme Court ruled 5-4 that prayers before a New York town’s board meetings do not violate the First Amendment.

    “The town of Greece does not violate the First Amendment by opening its meetings with prayer that comports with our tradition,” said Justice Anthony Kennedy, “and does not coerce participation by nonadherents.”

    This decision only addressed the specific factual circumstances presented by the town of Greece, N.Y. Very little guidance about how other communities may participate in prayers without violating the Constitution was offered in this opinion. Contact local board counsel for assistance with how this recent decision applies to your board.

  • Freedom of Information Act - FOIA
    Scope of exemption of legal invoices
    Case: Public Access Opinion 14-002
    Decision Date: Tuesday, April 15, 2014

    A public body received a FOIA request for its legal bills. It denied the request citing several exemptions under FOIA.

    The PAC instructed the parties that records containing the following information must be disclosed:

    a. general descriptions of the nature of the services performed by an attorney,

    b. dates on which work was performed,

    c. the initials of the attorney performing the work,

    d. the numbers of hours billed, and

    e. the corresponding dollar amount billed for each entry.

    The PAC did inform the parties involved that any descriptive entries contained in legal invoice records that describe services rendered, which reveal privileged attorney-client communications may be redacted (withheld or blacked-out on a document that contains exempt and non-exempt records) under section 7(1)(m) of FOIA.

    This opinion is binding only to the parties involved and may be appealed pursuant to State law.

  • Freedom of Information Act - FOIA
    Freedom of Information Act (FOIA) exception
    Case: Kalven v. City of Chicago, CPD, 2014 IL App (1st) 121846, --- N.E.3d ----, 2014 WL 930844 (Ill.App. 1 Dist., March 10, 2014).
    Decision Date: Monday, March 10, 2014

    The plaintiff sought disclosure of certain documents related to complaints of police misconduct within the Chicago Police Department (CPD) in the form of Complaint Registers (CR) and Repeater Lists (RL). RLs were documents about officers who amassed the most misconduct complaints. CRs were related to CPD’s completed investigations into allegations of police misconduct. The issue on appeal was whether the CRs and RLs were “adjudicatory” and exempt under Section 7(1)(n) of FOIA.

    On appeal the Court held that both CRs and RLs must be disclosed. They are not exempt under Section 7(1)(n) because neither were part of any adjudication. In its ruling, the Court held that it was possible that another FOIA exemption may apply to the CRs and RLs, e.g., the deliberative process exemption. However, whether the deliberative-process exemption applied would be resolved after an “in camera” (private) inspection by the trial court judge after the case was sent back to the trial court for more proceedings.

    In camera inspections and FOIA exemptions: Note that the public body bears the burden of establishing that public records fall within a claimed FOIA exemption. To meet the burden, and to assist the court in making its determination, the public body must provide a detailed justification for its claimed exemption, addressing the requested documents specifically and in a manner allowing for the party that is requesting the records to rebut.

  • Freedom of Information Act - FOIA
    Public bodies are not obligated under FOIA to answer general questions
    Case: Chicago Tribune Company v. Department of Financial and Professional Regulation, 2014 Ill.App. (4th) 130427 (Ill. App. 3-6-2014).
    Decision Date: Thursday, March 6, 2014
    A newspaper submitted a FOIA request to the Department of Financial and Professional Regulation (Department) for the number of claims made against 22 named physicians. The Department presented evidence that it did not keep such a record in the ordinary course of business and urged that it was not required to create it. The Department did not waive this argument by failing to assert it during proceedings before the Public Access Counselor. The Court, quoting from earlier decisions, found that a request to inspect or copy must reasonably identify a public record and not general data, information, or statistics. FOIA “does not compel the agency to provide answers to questions posed by the inquirer.” Here, the Department was not obligated under FOIA to answer the newspaper’s general inquiry question since this would have required the creation of a new record.
  • Administrator Contracts
    Principles guiding the award of attorney fees for a FOIA violation
    Case: Uptown People's Law Center v. Department of Corrections, 2014 Ill.App. 1st 130161 (2-27-2014).
    Decision Date: Thursday, February 27, 2014
    The Illinois Department of Corrections (IDOC) violated the Freedom of Information Act (FOIA) by failing to timely comply with a records request from the Uptown People’s Law Center (Uptown). IDOC turned over the requested records two weeks after Uptown filed a petition in court. FOIA requires a trial court to award attorney fees to any person who “prevails” in a proceeding to enforce FOIA. The question was whether a party can “prevail” under FOIA absent a court order. An earlier decision from the Second District Court of Appeals found that a party does not “prevail” under FOIA unless a court issues an order requiring compliance. Here, the First District found that a plaintiff may obtain attorney fees under FOIA regardless of the extent that he or she is successful in a court action. It held that court-ordered relief is not a prerequisite to an award of attorney fees under FOIA. The Court still denied Uptown an award of attorney fees. It cited an Illinois Supreme Court decision holding that an attorney representing him- or herself is not entitled to an award of attorney fees. Uptown was represented by in-house lawyers and, thus, was not required to spend additional funds specifically to pursue the FOIA request. The Court found that Uptown was not entitled to receive attorney fees that were never incurred.