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Illinois sunshine lawsuits

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2010
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Deliberative Process Exemption

Here is a list of major FOIA court decisions and their effect on the Illinois Freedom of Information Act.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)


" Year Precedent
AFSCME v. Cook County 1990
Board of Regents of the Regency University System v. Reynard 1997 The case established criteria for the definition of public body based on organizational structure.
Carrigan v. Harkrader 1986
Duncan Publishing v. City of Chicago 1999 This case affirmed that even if a public records request was met outside of court, an individual could still be entitled to attorney fees if he filed suit in a timely manner.
Family Life League v. Department of Public Aid 1986
Kenyon v. Garrels 1989
Lieber v. Board of Trustees of Southern Illinois University 1996 1.)Eliminated automatic exemption of personal information and instead established a criteria using the degree of invasion of privacy and the benefit to the public to determine whether personal records were exempt.
2.) Eliminated the opportunity for rejections based on the intended use of the open records.
Mark O. Stern v. Wheaton-Warrenville Community Unity School District 200 2009 1.) That merely placing documents in an exempted source does not exempt those documents from FOIA requests.
2.) That previous voluntary disclosures to FOIA requests eliminate potential claims of exemption on similar FOIA requests.
People ex. rel. Gibson v. Peller 1962 1.) This early FOIA case established that individuals had a right to photograph or photocopy records in addition to their right to inspect them and copy them by hand.


2.) This case also established that school boards are subject to the Illinois Freedom of Information Act

People ex rel. Ulrich v. Stukel 1997 1.) This case established that even if a public records request was met outside of court, an individual could still be entitled to attorney fees if he filed suit in a timely manner.


2.) This case also established that fees paid to attorneys were not exempt as documents relating to attorney-client privilege.

Rockford Newspapers Inc. v. Northern Illinois Council on Alcoholism and Drug Dependency 1978 This case relies on an outdated formulation of the Illinois Freedom of Information Act and would no longer be applicable with the new wording of the law introduced on January 1, 2010.
Roulette v. Department of Central Mgmt. Servs 1986

References