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Thursday, October 26, 2017

Court Protective Order "Trumps" FOIA in Recent Case

An Illinois appellate court recently addressed consolidated cases regarding the public disclosure and confidentiality of records from a grand jury investigation. These cases involved two separate FOIA requests to the City of Chicago for records pertaining to the investigation and special prosecution of an assault in 2004.  Both FOIA requests were denied by the City based on a protective order. 

The court ruled in favor of the City, finding that a court protective order "trumps" the disclosure requirements of FOIA. In re Appointment of a Special Prosecutor, 2017 IL App (1st) 161376 (October 20, 2017). The court determined that it was proper for the City to withhold documents because a court order commanded the City to do because as the protective order was issued based on the need for confidentiality.

The court did find, however, that the Special Prosecutor’s attorney fee invoices were releasable under FOIA, subject to redactions.   

Post Authored by Erin Pell, Ancel Glink


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