Green v. Chicago Police DepartmentAnnotate this Case
A public body has five-10 business days to respond to a request for information under the Freedom of Information Act (FOIA) (5 ILCS 140/3(d), (e)). In 2014, the Chicago Police Department (CPD) received FOIA requests from local newspapers for information relating to citizen complaints filed against Chicago police officers since 1967. The Fraternal Order of Police (FOP) sought to enjoin the release of files that were more than four years old; its collective bargaining agreement required the destruction of records of alleged police misconduct at that age. The court granted the FOP an injunction prohibiting the release of files that were more than four years old as of the date of the newspapers’ FOIA request. . Meanwhile, Green, who was convicted in 1986 of offenses arising from a quadruple homicide, became aware that files he wants could be destroyed. He hopes to prove his innocence by exposing police misconduct. Green sent CPD a FOIA request. CPD did not respond.
The Illinois Supreme Court held that unless the FOIA exemption states otherwise, the circuit court should review the withholding of information under the circumstances that existed when the public body made its decision. If the information becomes releasable later, a requester may refile his request. When CPD constructively denied Green’s request, an injunction barred CPD from releasing responsive files that were more than four years old. The subsequent invalidation of the injunction was immaterial.