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Any Experience With FOIA Rejection Litigation under Sec 1828.506?


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#1 Elmer Fudd

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Posted 13 April 2014 - 03:35 PM

This is a rather technical question where I am seeking some practical experience from anyone that has actually been through an Illinois Freedom of Information Act filing, didn't get the information requested, and then got denied at a second level rejection from an Illinois Attorney General Public Access Counsellor. I have an FOIA filing in the pipeline that I expect will be rejected, at least in part, and am trying to position to deal with several issues...specifically:

 

  • Should the litigation be prosecuted in Sangamon County, or is my county of residence, which would be Cook County be preferable. 
  • Can you confirm is I should actually wait for a decision from the Public Access Counsellor to meet the exhaustion of remedies provisions prior to filing.
  • Is it worth seeking to subpoena the individual executive officers with Illinois State Police as part of this proceeding, or is this more effective through a "due process" filing under 42 US 1983?

My sense is this is a question for the attorneys on the forum but one never knows if someone else has been down the garden path....thanks in advance.



#2 es503IL

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Posted 13 April 2014 - 05:43 PM

EDIT. Disregard.... Didn't read closely. Thought you asked about FOID rejection and not FOIA.

Edited by es503IL, 13 April 2014 - 05:45 PM.


#3 Elmer Fudd

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Posted 13 April 2014 - 05:47 PM

I asked about FOIA it's a hyper technical topic