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Wednesday, December 21, 2016

FOIA Lawsuit Not Properly Brought Against Individuals

Linda Korner filed a FOIA request with the Illinois Department of Financial and Professional Regulation in 2013, asking for copies of an "investigative file" regarding complaints she had filed with the Dept. against veterinarians who treated her dog. The Department denied her request. Two months later, a new law was passed making complaints and investigatory materials confidential. 

Korner filed suit shortly thereafter, naming the Attorney General, the Department Secretary, and the Public Access Counselor as defendants. Her complaint asked the court to declare that the defendants violated Korner's rights under FOIA by withholding the documents she requested. She argued that since the confidentiality law did not come into effect until August of 2013, two months after the Department denied her FOIA request, the Department was obligated to provide her with her requested documents.

The defendants filed a motion to dismiss, arguing that her FOIA lawsuit was not properly filed because it only named individuals as defendants. The court agreed, and dismissed her suit because she failed to name any public body as a defendant. Korner v. Madigan, 2016 IL App (1st) 153366 

Post Authored by Julie Tappendorf


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