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.