Chicago Police Department officials did not violate the Illinois Freedom of Information Act when they refused to turn over nearly five decades’ worth of secret files detailing allegations of misconduct by officers in 2015, the Illinois Supreme Court ruled
.The unanimous Supreme Court decision, released Sept. 22, resolves a 7-year-old lawsuit brought by Charles Green, who was sentenced to life in prison at age 16 after being convicted in a 1985 quadruple murder. Justice Lisa Holder White joined the court in May, after oral arguments in the case, and did not participate in the decision.
However, a separate court case meant Green’s lawsuit would spend most of the next decade in litigation limbo. More than a year before Green filed his request for information, the Chicago Tribune and Chicago Sun-Times had filed a similar request for documents detailing all complaints filed against officers from 1967.
In 2021, the Chicago City Council approved a new contract with the police union that explicitly preserves all disciplinary records, in compliance with the Supreme Court’s decision. In 2018, a Cook County judge ordered Chicago Police officials to release records of all complaints filed against police officers between 2011 and 2015 to Green and his attorneys by Dec. 31, 2018.
Kosoglad told the Supreme Court he declined to file a new Freedom of Information Act request because it would cause unnecessary delay and “put him at the back of the line.” In addition, filing a new request would have allowed the leaders of the Chicago Police Department to reject the request because of the number of documents requested and force Green to cover the cost of the search and production.
However, that proposal ran into a brick wall of opposition from alderpeople, some of whom did not want to make it easier for police critics to access misconduct files, even though the public is already entitled to those records.
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