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Judicial Watch • JW v Office Mayor Chicago amended complaint 00462

JW v Office Mayor Chicago amended complaint 00462

JW v Office Mayor Chicago amended complaint 00462

Page 1: JW v Office Mayor Chicago amended complaint 00462

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Number of Pages:6

Date Created:April 14, 2016

Date Uploaded to the Library:August 16, 2017

Tags:Laquan McDonald, 00462, Laquan, AMENDED, mayor, police, defendants, Freedom, Counsel, order, complaint, chicago, responsive, plaintiff, request, records, FOIA, department, office


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THE CIRCUIT COURT COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
JUDICIAL WATCH, INC.,
Plaintiff,
vs.
THE OFFICE THE MAYOR THE CITY CHICAGO
and
RAHM EMANUEL, his
official capacity Mayor the
city Chicago
Defendant.
____________________________________)
Case No.: 00462 Chancery
Injunction/Temporary Restraining Order
Honorable Judge Demacopoulos
AMENDED COMPLAINT CHANCERY FOR DECLARATORY
JUDGMENT AND INJUNCTIVE RELIEF
NOW COMES Plaintiff, Judicial Watch, Inc., and through its attorney, and prays this
Court render declaratory judgment and grant injunctive relief under the Freedom
Information Act FOIA ILCS 140/1, seq. For its Complaint, Plaintiff states follows:
JURISDICTION AND VENUE
The Court has jurisdiction over this action pursuant ILCS 140/11(d).
Venue proper Cook County pursuant ILCS 140/11(c).
PARTIES
Plaintiff Judicial Watch, Inc. not-for-profit, educational organization that
seeks promote transparency, integrity, and accountability government and fidelity the
rule law. part its educational mission, Plaintiff regularly requests records under federal
and state open records laws, analyzes the responses and any records receives, and
disseminates its findings and the records the American public inform them about what
their government to. U.S. Dep Justice Reporters Committee for Freedom the
Press, 489 U.S. 749, 795 (1989).
Defendants are the Office the Mayor the City Chicago the Mayor
Office public body that term defined ILCS 140/2(a), and Rahm Emanuel, who being sued his official capacity Mayor, the head the public body that term
defined ILCS 140/2(e).
STATEMENT FACTS December 2015, Plaintiff submitted FOIA request the Mayor Office,
seeking access all records communication officials within the Office the Mayor
including, but not limited to, Mayor Rahm Emanuel concerning the police dash camera
recordings the October 20, 2014 shooting Laquan McDonald. The request also specified
that such communication would include discussions about the release any such video
recording the public and that the time frame the request from October 20, 2014 until the
date the request. Plaintiff FOIA request attached Exhibit
Plaintiff submitted the FOIA request certified mail delivered the
United States Postal Service.
According records the United States Postal Service, the FOIA request was
received Defendants December 2015.
Pursuant ILCS 140/3(d), Defendants were required either comply with
deny Plaintiff FOIA request within five business days after its receipt the request.
Defendants response Plaintiff FOIA request was due December 16, 2015 the latest.
10. January 2016, Amber Achilles Ritter, Chief Assistant Corporation Counsel,
sent letter Plaintiff stating that she was responding Plaintiff FOIA request the Chicago
Police Department for emails related the fatal shooting Laquan McDonald. The January
2016 letter attached Exhibit
11.
The January 2016 letter also stated the search terms used respond FOIA
request the Chicago Police Department were Laquan, Van Dyke, Vandyke, LM.
12.
The search terms dash, camera, recordings, and any variants such words
were not used.
13.
The records produced along with the January 2016 letter, which responded
FOIA request the Chicago Police Department, contained redactions information.
14. the date this Complaint, Defendants have failed comply with
Plaintiff December 2015 FOIA request directed the Office the Mayor, extend the
time for responding the request, deny the request.
15.
Defendants failure respond considered denial the request. ILCS
140/3(d). addition, Plaintiff deemed have exhausted its administrative remedies. ILCS
140/9(c).
COUNT ONE
(Failure Respond)
16.
Plaintiff reaffirms paragraphs 1-15 though fully restated herein.
17.
Plaintiff being irreparably harmed Defendants failure respond
Plaintiff December 2015 FOIA request directed the Office the Mayor Plaintiff
being denied its legal right inspect public records.
18.
Plaintiff has adequate remedy law.
COUNT TWO
(Failure Conduct Sufficient Search)
19.
Plaintiff reaffirms paragraphs 1-15 though fully restated herein.
20. the extent that the Corporation Counsel January 2016 letter considered
response Plaintiff December 2015 FOIA request directed the Office the Mayor even
though states that response FOIA request the Chicago Police Department,
Defendant search for responsive records was not sufficient record all responsive records.
21.
Plaintiff being irreparably harmed Defendants failure conduct sufficient
search for records responsive Plaintiff December 2015 FOIA request directed the
Office the Mayor Plaintiff being denied its legal right inspect public records.
22.
Plaintiff has adequate remedy law.
COUNT THREE
(Failure Produce All Non-Exempt Information)
23.
Plaintiff reaffirms paragraphs 1-15 though fully restated herein.
24. the extent that the Corporation Counsel January 2016 letter considered
response Plaintiff December 2015 FOIA request directed the Office the Mayor even
though states that response FOIA request the Chicago Police Department,
Defendant fails produce all non-exemption information the production contains redactions.
25.
Plaintiff being irreparably harmed Defendants failure produce all non-
exemption information responsive Plaintiff December 2015 FOIA request directed the
Office the Mayor Plaintiff being denied its legal right inspect public records.
26.
Plaintiff has adequate remedy law.
WHEREFORE, Plaintiff prays that the Court: (A) Declare Defendants violation the Illinois Freedom Information Act, ILCS 140/1, seq.; (B) Enjoin Defendants from
continuing withhold access any and all non-exempt public records responsive Plaintiff
December 2015 FOIA request and further enjoin Defendants produce any and all such
records Plaintiff without further delay; (C) Order Defendants prepare, forthwith,
affidavit declaring that has fully and completely complied with Plaintiff December 2015
FOIA request and further declaring that any and all non-exempt public records responsive the
request have been produced Plaintiff; (D) Order Defendants prepare, forthwith, affidavit
identifying with specificity any and all public records responsive Plaintiff December 2015
FOIA request that are claimed subject legal exemption from disclosure and further
identifying with specificity the reason(s) for any such claim exemption; (E) Award Plaintiff
reasonable attorneys fees and costs; and (F) Order such other and further relief the Court
finds just and equitable.
Dated: April 14, 2016
Respectfully submitted,
/s/ Christine Svenson
Christine Svenson
Ill. Bar No. 6230370
Cook County Attorney No. 44565
SVENSON LAW OFFICES
505 LaSalle Street, Suite 350
Chicago, 60654
Tel: (312) 467-2900
Fax: (312) 467-2902
/s/ Paul Orfanedes
Paul Orfanedes
Ill. Bar No. 6205255
Cook County Attorney No. 43158
JUDICIAL WATCH, INC.
425 Third Street, S.W., Suite 800
Washington, 20024
Tel: (202) 646-5172
Fax: (202) 646-5199
Counsel for Plaintiff