Turner v. Joliet Police Dep't

• Decision Date: 07 January 2019
• Docket Number: Appeal No. 3-17-0819
• Parties: Darius TURNER, Plaintiff-Appellant, v. JOLIET POLICE DEPARTMENT, Defendant-Appellee
• Court: United States Appellate Court of Illinois

2019 IL App (3d) 170819

123 N.E.3d 1147

429 Ill.Dec. 88

Darius TURNER, Plaintiff-Appellant,

v.JOLIET POLICE DEPARTMENT, Defendant-Appellee

Appeal No. 3-17-0819

Appellate Court of Illinois, Third District.

Opinion filed January 7, 2019

Darius Turner, of Joliet, appellant pro se.

Michael D. Bersani and Yordana Wysocki, of Hervas, Condon & Bersani, P.C., of Itasca, for appellee.

JUSTICE O'BRIEN delivered the judgment of the court, with opinion.

¶ 1 Plaintiff Darius Turner sought declaratory and injunctive relief against defendant Joliet Police Department, alleging the department claimed inapplicable exemptions in response to his document request under the Freedom of Information Act (FOIA) ( 5 ILCS 140/1 et seq. (West 2016) ). The trial court dismissed Turner's claims with prejudice. We affirm.

¶ 2 FACTS

¶ 3 Plaintiff Darius Turner filed a FOIA request with defendant Joliet Police Department (JPD) seeking criminal records concerning him or relating to his February 2017 arrest. JPD responded, granting the request in part and denying it in part, and provided redacted portions of the records pursuant to FOIA exemptions.

¶ 4 Turner filed a complaint seeking declaratory and injunctive relief, alleging JPD failed to establish that the redactions were in compliance with FOIA. The requested relief included production of the records, entry of a finding that JPD failed to comply with the statute, and imposition of civil penalties and costs. In response, JPD moved to dismiss the complaint. In its motion, JPD acknowledged that it inadvertently missed some of Turner's records, attached the additional records to the motion and served them on Turner. It argued that because Turner had now received all the records, his complaint was moot and dismissal was proper. JPD also argued that the redactions were proper under FOIA and that civil penalties were not appropriate because Turner did not sufficiently assert that JPD acted willfully and wantonly in redacting the information.

¶ 5 Turner filed a response denying his claims were moot and asking the court to conduct an in camera review of the records to determine whether the statutory exemptions applied. Turner also sought an index, description and statement of exemptions for the redacted records. The court conducted the in camera review and JPD provided an index and descriptions of the redactions. On November 16, 2017, the trial court granted JPD's motion to dismiss with prejudice. Turner timely appealed.

¶ 6 On February 26, 2018, Turner pleaded guilty and was sentenced in the criminal case for which he sought the records. He did not appeal. Because the criminal proceedings concluded, JPD released the documents that had been redacted under certain FOIA exemptions. See 5 ILCS 140/7(1)(a), (d)(i) (West Supp. 2017). The redacted documents were attached to JPD's appellate briefs as supplements to the appendix.

¶ 7 ANALYSIS

¶ 8 The issue on appeal is whether the trial court erred when it dismissed Turner's FOIA claims. He argues that JPD did not prove by clear and convincing evidence that the claimed exemptions to disclosure applied and that its failure to comply was willful and intentional.

¶ 9 A motion to dismiss under section 2-615 of the Code of Civil Procedure (Civil Code) ( 735 ILCS 5/2-615 (West 2016) ) challenges the legal sufficiency of the complaint and is proper where the complaint fails to state a claim on which relief may be granted. Aurelius v. State Farm Fire & Casualty Co. , 384 Ill. App. 3d 969, 972, 323 Ill.Dec. 739, 894 N.E.2d 765 (2008). A section 2-619 ( 735 ILCS 5/2-619 (West 2016) ) motion to dismiss admits the legal sufficiency of the complaint but asserts an affirmative matter that avoids or defeats the claim. Aurelius , 384 Ill. App. 3d at 972-73, 323 Ill.Dec. 739, 894 N.E.2d 765. We review dismissals under both sections de novo . BMO Harris Bank, N.A. v. Porter , 2018 IL App (1st) 171308, ¶ 47, 423 Ill.Dec. 705, 106 N.E.3d 411 (section 2-615) ; Van Meter v. Darien Park District , 207 Ill. 2d 359, 368, 278 Ill.Dec. 555, 799 N.E.2d 273 (2003) ( section 2-619(a)(9) dismissal).

¶ 10 All records in the custody of a public body are presumed open to inspection or copying. 5 ILCS 140/1.2 (West 2016). If the public body asserts an exemption from disclosure, it has the burden of proving the exemption applies by clear and convincing evidence. Id. When a public body denies a request, it must, in part, inform the requester of the denial in writing and offer the reasons the request was denied, including a detailed factual basis for the claimed exemption. 5 ILCS 140/9(a) (West 2016). When the public body claims exemptions under FOIA's section 7, the denial notice must specify the exemption claimed and the specific reasons for the denial, including the factual basis and supporting legal citations. 5 ILCS 140/9(b) (West 2016). The trial court may conduct an in camera inspection of the requested documents to determine whether the claimed exemptions apply. 5 ILCS 140/11(f) (West Supp. 2017). Where a public body willfully and intentionally fails to comply with the statute, it is subject to a civil penalty. 5 ILCS 140/11(j) (West Supp. 2017). The public body satisfies its burden when it provides a detailed justification for the claimed exemption which addresses the specific documents requested and allows for adequate adversarial testing. Peoria Journal Star v. City of Peoria , 2016 IL App (3d) 140838, ¶ 12, 402 Ill.Dec. 790, 52 N.E.3d 711.

¶ 11 We first address JPD's claim that because Turner now has received all the requested documents his claims are moot. We agree.

¶ 12 "A claim is moot when no actual controversy exists or events occur which make it impossible for a court to grant effectual relief." Duncan Publishing, Inc. v. City of Chicago , 304 Ill. App. 3d 778, 782, 237 Ill.Dec. 568, 709 N.E.2d 1281 (1999). Where the plaintiff has received what he sought, his action should be dismissed as moot. Id. The mootness doctrine is applied to FOIA claims once the requested records have been produced. Roxana Community Unit School District No. 1 v. Environmental Protection Agency , 2013 IL App (4th) 120825, ¶ 42, 376 Ill.Dec. 251, 998 N.E.2d 961. We review de novo whether a case is moot. People ex rel. Rahn v. Vohra , 2017 IL App (2d) 160953, ¶ 27, 416 Ill.Dec. 712, 85 N.E.3d 579.

¶ 13 After Turner's criminal case was concluded and no appeal was filed, JPD released all requested information to Turner because the exemptions under which JPD redacted the requested documents no longer applied. While we question the efficacy of releasing the information as an attachment to JPD's appellate brief, we acknowledge the timing of Turner's criminal case and FOIA action necessitated the unorthodox disclosure. Nevertheless, it remains that Turner received all the information that he requested. As such, no controversy exists; JPD's release of information makes it impossible for this court to grant any other relief. Accordingly, we find that Turner's claim is moot and that the trial court properly dismissed it under section 2-619(a)(9) of the Civil Code. 735 ILCS 5/2-619(a)(9) (West 2016).

¶ 14 Turner also challenges JPD's assertion that Illinois Supreme Court Rule 415(c) (eff. Oct. 1, 1971) governs discovery in his criminal case and a FOIA request was not the proper avenue to pursue release of the documents. Turner argues that JPD incorrectly maintains that Rule 415(c) prohibits disclosure of criminal discovery documents to a defendant even in light of a FOIA request.

¶ 15 Rule 415(c) provides that "materials furnished to an attorney pursuant to these rules shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case." Ill. S. Ct. R. 415(c) (eff. Oct. 1, 1971). Rule 415(c) prohibits a criminal defendant represented by counsel from possessing discovery documents, such as police reports. People v. Savage , 361 Ill. App. 3d 750, 761, 297 Ill.Dec. 760, 838 N.E.2d 247 (2005). Turner looks to a public access opinion issued by the Illinois Attorney General as support for his claim that Rule 415(c) does not provide a proper exemption under section 7(1)(a) of FOIA. See 2013 Ill. Att'y Gen. Pub. Access Op. No. 13-017, http://foia.ilattorneygeneral.net/pdf/opinions/2013/13-017.pdf [https://perma.cc/7WNX-9KNJ].

¶ 16 In our view, JPD correctly relied on Rule 415(c) as the basis for the exemption claimed under section 7(1)(a) of FOIA, which limits disclosures prohibited under state rules. Turner was entitled to view the requested documents through consultation with his attorney but he himself was not entitled to receive or possess them. The public access opinion on which Turner relies does not direct a different result. There, the public body claimed, in part, that the availability of discovery was a FOIA exemption, a claim the opinion rejected. 2013 Ill. Att'y Gen. Pub. Access Op. No. 13-017, at 9 (concluding that a party's right to discovery does not constitute a FOIA exemption and does not preclude a FOIA request). Here, JPD demonstrated that the requested documents were prohibited from disclosure by Rule 415(c) and exempt under FOIA section 7(a). Even if the public access opinion helped Turner's position, it is not binding on this court. See 5 ILCS 140/9.5(f) (West 2016) (Attorney General's public access counselor opinions are binding only on the requester and the public body from which the records were sought).

¶ 17 We must also address Turner's request for the imposition of civil penalties. See Roxana Community Unit School District No. 1 , 2013 IL App (4th) 120825, ¶ 42, 376 Ill.Dec. 251, 998 N.E.2d 961 (finding request for civil penalty survives moot FOIA claim). According to Turner, JPD applied invalid exemptions to his FOIA request and failed to prove they applied. He argues that JPD's failure to comply with FOIA was willful and intentional and warranted a penalty.

¶ 18 All records possessed by a public body are presumed open to inspection or copying under FOIA and a public...