Rushton v. Dep't of Corr.

• Decision Date: 08 January 2019
• Docket Number: NO. 4-18-0206,4-18-0206
• Parties: Bruce RUSHTON and the Illinois Times, Plaintiffs-Appellants, v. The DEPARTMENT OF CORRECTIONS and John R. Baldwin, in His Official Capacity as Director of Corrections, Defendants-Appellees (Wexford Health Sources, Inc., a Florida Corporation, Intervenor-Appellee).
• Court: United States Appellate Court of Illinois

2019 IL App (4th) 180206
123 N.E.3d 1171
429 Ill.Dec. 112

Bruce RUSHTON and the Illinois Times, Plaintiffs-Appellants,
v.
The DEPARTMENT OF CORRECTIONS and John R. Baldwin, in His Official Capacity as Director of Corrections, Defendants-Appellees

(Wexford Health Sources, Inc., a Florida Corporation, Intervenor-Appellee).

NO. 4-18-0206

Appellate Court of Illinois, Fourth District.

FILED January 8, 2019

Donald M. Craven, of Donald M. Craven, P.C., of Springfield, for appellants.

No brief filed for appellees.

Andrew DeVooght and Nina Ruvinsky, of Loeb & Loeb LLP, of Chicago, and Andrew Ramage, of Brown, Hay & Stephens, LLP, of Springfield, for intervenor-appellee.

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

429 Ill.Dec. 114

123 N.E.3d 1173

¶ 1 Wexford Health Sources, Inc. (Wexford), provides medical, dental, vision, pharmaceutical, and mental health services to prisoners in the Department of Corrections (Department). In August 2015, Wexford entered into a confidential settlement agreement with the estate of a prisoner who allegedly died from inadequate medical care. Later that month, Bruce Rushton and the Illinois Times (plaintiffs) filed a freedom of information request pursuant to the Illinois Freedom of Information Act (FOIA) ( 5 ILCS 140/1 et seq. (West 2014) ) in which plaintiffs requested a copy from the Department of Wexford's settlement agreement.

¶ 2 In September 2015, the Department requested an unredacted copy of the settlement agreement from Wexford, but Wexford refused this request. In December 2015, Wexford provided a redacted copy of the settlement agreement to the Department. However, Wexford would not give the Department an unredacted version of the settlement agreement. Ultimately, the Department gave plaintiffs a copy of the redacted settlement agreement.

¶ 3 In April 2017, plaintiffs filed a complaint against the Department requesting the release of the unredacted settlement agreement. Later that month, Wexford intervened in the lawsuit and stated that the Department did not have an unredacted version of the settlement agreement in its possession.

¶ 4 In December 2017, Wexford filed a motion for summary judgment in which it argued that the confidential settlement agreement is not covered by FOIA because it is not a public record that "directly relates" to a governmental function. See 5 ILCS 140/7(2) (West 2016) ("A public record that is * * * in the possession of a party [who] * * * has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function * * *, shall be considered a public record of the public body * * *."). Alternatively, Wexford argued that portions of the settlement agreement should be redacted pursuant to FOIA. See id. § 7(1). In February 2018, the trial court granted Wexford's motion for summary judgment, concluding that the settlement agreement did not "directly relate" to a governmental function.

¶ 5 Plaintiffs appeal, arguing that the settlement agreement "directly relates" to a governmental function. We agree and reverse and remand for further proceedings.

¶ 6 I. BACKGROUND

¶ 7 A. The FOIA Request

¶ 8 Bruce Rushton is a journalist for the Illinois Times, which is a newspaper based in Springfield, Illinois. In August 2015, pursuant to FOIA, plaintiffs requested that the Department turn over "[a]ll settlement agreements pertaining to claims and/or lawsuits filed in connection with the death of Alfonso Franco, a former inmate at [the] Taylorville Correctional Center who died from cancer in 2012." Plaintiffs elaborated that "[t]his request includes but is not limited to settlement agreements involving any private entities charged with providing health care to Mr. Franco, including

123 N.E.3d 1174

429 Ill.Dec. 115

but not limited to Wexford Health Sources."

¶ 9 In relevant part, FOIA provides as follows:

"A public record that is not in the possession of a public body but is in the possession of a party with whom the agency has contracted to perform a governmental function on behalf of the public body, and that directly relates to the governmental function and is not otherwise exempt under this Act, shall be considered a public record of the public body, for purposes of this Act." (Emphasis added.) 5 ILCS 140/7(2) (West 2014).

¶ 10 In September 2015, the Department requested an unredacted copy of the settlement agreement from Wexford, but Wexford refused this request. In December 2015, Wexford provided a redacted copy of the settlement agreement to the Department.

¶ 11 In August 2016, the Department renewed its request for an unredacted copy of the settlement agreement. The Department intended to review the unredacted copy and, if applicable, redact the agreement pursuant to FOIA and provide it to plaintiffs. The Department stated that if Wexford did not give it an unredacted copy, it would provide the redacted copy to plaintiffs. However, Wexford would not give the Department an unredacted version of the settlement agreement. Ultimately, the Department gave plaintiffs a copy of the redacted settlement agreement.

¶ 12 In April 2017, plaintiffs filed a complaint against the Department in which it requested the release of the unredacted settlement agreement. Later that month, Wexford was given leave to intervene in the lawsuit. Wexford filed an answer in which it noted that the Department did not have an unredacted copy of the settlement agreement.

¶ 13 B. The Motions for Summary Judgment

¶ 14 In December 2017, Wexford filed a motion for summary judgment in which it argued that (1) the confidential settlement agreement is not covered by FOIA because it is not a public record that "directly relates" to a governmental function or, in the alternative, (2) portions of the settlement agreement should be redacted pursuant to FOIA. 5 ILCS 140/7(1), (2) (West 2016).

¶ 15 Later that month, plaintiffs filed a motion for summary judgment in which they argued (1) the settlement agreement "directly relates" to a governmental function, (2) Wexford had waived any redaction argument, and (3) the settlement agreement should not be partially redacted.

¶ 16 C. The Trial Court's Order

¶ 17 In February 2018,...