FOIADetermination Letter (non-binding)Closed no further actionLegal & Financial Records

Shelby County State's Attorney's Office: PAC ceases review after requester files section 11 lawsuit

The requester sought records from the Shelby County State's Attorney's Office, which were partially denied.

Date issued: November 6, 2024
Request number(s): 82918
Public body: Shelby County State's Attorney's Office
Statute(s): 5 ILCS 140/9.5(g)
Outcome: Closed due to pending litigation

Plain-language summary

This letter addresses when the Public Access Counselor must cease review under FOIA section 9.5(g). The Public Access Bureau held that because the requester filed a lawsuit under section 11 of FOIA challenging the same denial that was the subject of a pending Request for Review, section 9.5(g) required the Bureau to take no further action on the review and to close the file. The rule: once a requester sues under section 11 over the same denial at issue in a pending PAC review, the Public Access Counselor is statutorily barred from continuing its administrative review of that matter. The public body involved was a county state's attorney's office, and the underlying dispute concerned a partial denial of a FOIA request for records.

Legal question

Does the filing of a FOIA lawsuit by a requester regarding the same denial require the Public Access Counselor to cease its administrative review?

Holding

Under 5 ILCS 140/9.5(g), if a requester files a section 11 lawsuit over the same denial that is the subject of a pending Request for Review, the Public Access Counselor must take no further action on that review and must notify the public body.

Summary

The requester filed a Request for Review regarding a partial FOIA denial by the Shelby County State's Attorney's Office, but subsequently notified the PAC that he had initiated a lawsuit regarding the same records.

lawsuitpending litigationFOIA denialPAC review

Reading view (330 words)

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Dear Mr. Allen and Ms. Woolery:

This letter is issued pursuant to section 9.5(g) of the Freedom of Information Act FOIA). 1 For the reasons explained below, the Public Access Bureau will take no further action with respect to the above- referenced Request for Review.

On September 5, 2024, Mr. Kirk Allen, on behalf of Edgar County Watchdogs, submitted the above- referenced Request for Review contesting the partial denial by the Shelby County State's Attorney' s Office ( State's Attorney' s Office) to his FOIA request submitted on July 10, 2024. On November 5, 2024, Mr. Allen informed the Public Access Bureau that he had filed a FOIA lawsuit challenging the State's Attorney' s Office's response to the same request.

If the requester files suit under Section 11 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall take no further action with respect to the request for review and shall so notify the public body.

Because Mr. Allen has filed suit under section 11 of FOIA, 2 section 9.5(g) of FOIA precludes the Public Access Counselor from taking further action with respect to this matter.

This letter serves to close this file. Please contact me at katherine. goldsmith@ilag. gov if you have questions.

Very truly yours, KATIE GOLDSMITH Assistant Attorney General Public Access Bureau 82918 f ls sao

Notes from the original PDF (2)

15 ILCS 140/9.5(g) (West 2023 Supp.).
25 ILCS 140/11 (West 2022).