Hart v. Illinois State Police

2022 IL App (5th) 190258, 200 N.E.3d 52, 460 Ill. Dec. 148
CourtAppellate Court of Illinois
DecidedFebruary 18, 2022
Docket5-19-0258
StatusPublished
Cited by3 cases

This text of 2022 IL App (5th) 190258 (Hart v. Illinois State Police) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hart v. Illinois State Police, 2022 IL App (5th) 190258, 200 N.E.3d 52, 460 Ill. Dec. 148 (Ill. Ct. App. 2022).

Opinion

2022 IL App (5th) 190258 NOTICE Decision filed 02/18/22. The text of this decision may be NOS. 5-19-0258, 5-20-0421 cons. changed or corrected prior to the filing of a Peti ion for Rehearing or the disposition of IN THE the same. APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ______________________________________________________________________________

SANDRA HART, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Madison County. ) v. ) No. 18-MR-611 ) THE ILLINOIS STATE POLICE, ) Honorable ) David W. Dugan, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________

KENNETH L. BURGESS SR., ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Madison County. ) v. ) No. 20-MR-608 ) THE ILLINOIS STATE POLICE, ) Honorable ) Christopher P. Threlkeld, Defendant-Appellant. ) Judge, presiding. ______________________________________________________________________________

PRESIDING JUSTICE BOIE delivered the judgment of the court, with opinion. Justices Welch and Wharton concurred in the judgment and opinion.

OPINION

¶1 In separate actions filed in the circuit court of Madison County, the plaintiffs, Sandra Hart

and Kenneth L. Burgess Sr., filed complaints under the Freedom of Information Act (FOIA) (5

ILCS 140/1 et seq. (West 2018)), seeking the circuit court to compel the defendant, Illinois State

Police (ISP), to produce documents related to the plaintiffs’ applications for firearm owners’

1 identification (FOID) cards pursuant to the Firearm Owners Identification Card Act (FOID Card

Act) (430 ILCS 65/0.01 et seq. (West 2018)). ISP had denied the plaintiffs’ FOIA requests for the

production of the documents stating that the documents were exempt from disclosure under section

7.5(v) of FOIA (5 ILCS 140/7.5(v) (West 2018)). Because these matters are of the same nature

and involve the same issues on appeal, we consolidate these cases as a matter of judicial economy.

Edwards v. Addison Fire Protection District Firefighters’ Pension Fund, 2013 IL App (2d)

121262, ¶ 41 (“Illinois courts favor consolidation of causes where it can be done as a matter of

judicial economy.”).

¶2 On motions for summary judgment, the circuit court held that ISP failed to carry its burden

in demonstrating that section 7.5(v) of FOIA authorizes or directs ISP to withhold from the

plaintiffs their own personal applications for a FOID card or the ISP’s denial letters 1 sent to the

plaintiffs. As such, the circuit court entered summary judgments in favor of the plaintiffs and

directed ISP to produce the documents along with awarding the plaintiffs’ fees and costs.

¶3 ISP now appeals the circuit court’s judgments arguing that the circuit court erred in finding

that the documents requested by the plaintiffs were not exempt from disclosure under section

7.5(v) of FOIA (5 ILCS 140/7.5(v) (West 2018)). ISP further argues in the Burgess case that the

documents were exempt from disclosure because ISP was bound by a permanent injunction that

prohibited the disclosure of the documents. For the following reasons, we affirm the circuit court’s

judgments.

1 In the Hart case, the ISP’s letter at issue notified Hart of the revocation of her FOID card. In the Burgess case, Burgess’s FOIA request sought documents related to “the denial of my application”; however, Burgess’s appellee brief indicates the ISP’s letter at issue notified Burgess of the revocation of his FOID card. This court will refer to these two letters collectively as the “denial letters.”

2 ¶4 BACKGROUND

¶5 On August 31, 2018, Hart made a written request through counsel to ISP pursuant to FOIA

for “any and all documents related to Ms. Hart’s FOID card, any and all applications for same, and

any and all documentation related to any legal disabilities that have or may cause her to be

ineligible for a FOID card.” 2 On May 6, 2020, Burgess made a written request to ISP pursuant to

FOIA for “my file related to my Firearm Owners Identification Card application, as well as

specifically, any and all letters to me concerning the denial of my application and the reasons

therefore.” The plaintiffs’ FOIA requests were denied by ISP. The letters 3 issued by ISP denying

the plaintiffs’ FOIA requests cited and quoted section 7.5(v) of FOIA (id.) as the basis for the

denials.

¶6 On September 14, 2018, Hart filed a complaint in the circuit court, and on June 23, 2020,

Burgess filed a complaint in the circuit court. Both complaints were filed pursuant to FOIA and

requested that the circuit court compel ISP to produce the requested documents. In the Hart case,

ISP filed a motion to dismiss on November 29, 2018, and Hart filed a response to ISP’s motion to

dismiss and a cross-motion for summary judgment on December 10, 2018. The circuit court

conducted a hearing and heard arguments on ISP’s motion to dismiss on February 22, 2019. On

April 12, 2019, the circuit court entered a written order stating that the case was taken under

advisement and directing ISP to file the documents responsive to Hart’s FOIA request under seal

within 14 days. ISP complied with the circuit court’s order on May 17, 2019.

2 Hart’s written FOIA request to ISP also contained a request for “whatever documents you have showing the processing time for FOID appeals.” On February 22, 2019, Hart withdrew that portion of her FOIA request and, as such, it was not an issue in the lower court nor is it an issue on appeal. 3 Electronic correspondence from ISP to Hart’s counsel dated September 12, 2018, and correspondence from ISP to Burgess dated May 19, 2020. 3 ¶7 On May 24, 2019, the circuit court entered a seven-page written order denying ISP’s

motion to dismiss and granting Hart’s motion for summary judgment. The circuit court found that

“what the legislature intended was to prevent a dissemination to or by third parties

of the names and personal information of FOID applicants, and not the release of

an applicant’s application or the ISP’s denial of the applicant’s application. A

contrary interpretation would create an absurd result.”

¶8 The circuit court’s written order of May 24, 2019, further stated that ISP had “failed to

carry its burden in showing that 7.5(v) authorizes or directs ISP to withhold from the plaintiff her

application for a FOIA card or its letter of denial.” As such, the circuit court directed ISP to produce

true and accurate copies of “(1) the plaintiff’s Application for Firearm Owner’s Identification

Card; (2) Letter of May 10, 2010 from [ISP] directed to plaintiff, together with the enclosures[4]

thereto” within 30 days. ISP filed a notice appealing the circuit court’s May 24, 2019, order on

June 21, 2019. 5 On March 5, 2020, the circuit court entered judgment in favor of Hart and against

ISP and awarded costs and fees to Hart. The judgment also stated that the circuit court’s order of

May 24, 2019, directing the disclosure of the documents, remained in effect but was stayed pending

the completion of the appellate process.

¶9 In the Burgess case, Burgess filed a motion for summary judgment on July 30, 2020.

Burgess’s motion for summary judgment attached the circuit court’s order of May 24, 2019, that

granted summary judgment in the Hart case. Burgess’s motion for summary judgment stated that

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Related

Woolsey v. The Illinois State Police
2024 IL App (4th) 210467 (Appellate Court of Illinois, 2024)
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2023 IL 128275 (Illinois Supreme Court, 2023)

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Bluebook (online)
2022 IL App (5th) 190258, 200 N.E.3d 52, 460 Ill. Dec. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-illinois-state-police-illappct-2022.