Taylor v. Cook County State's Attorney's Office

2025 IL App (1st) 231135
CourtAppellate Court of Illinois
DecidedJune 20, 2025
Docket1-23-1135
StatusPublished

This text of 2025 IL App (1st) 231135 (Taylor v. Cook County State's Attorney's Office) 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
Taylor v. Cook County State's Attorney's Office, 2025 IL App (1st) 231135 (Ill. Ct. App. 2025).

Opinion

2025 IL App (1st) 231135 No. 1-23-1135 Opinion filed June 20, 2025 Sixth Division

______________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ JAMAL TAYLOR, ) Appeal from the Circuit Court ) of Cook County. Plaintiff-Appellant, ) ) v. ) ) No. 22CH7602 THE COOK COUNTY STATE’S ATTORNEY’S ) OFFICE, ) Honorable ) Thaddeus L. Wilson, Defendant-Appellee. ) Judge, presiding.

JUSTICE C.A. WALKER delivered the judgment of the court, with opinion. Presiding Justice Tailor and Justice Gamrath concurred in the judgment and opinion.

OPINION

¶1 In 2019, Plaintiff-Appellant Jamal Taylor filed a postconviction petition claiming actual

innocence based on newly discovered evidence. On May 29, 2022, Taylor submitted two records

requests under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140/1 et seq. West 2022))

to Defendant-Appellee the Cook County State’s Attorney’s Office (CCSAO). The CCSAO

claimed the records Taylor requested were exempt from disclosure under FOIA because his No. 1-23-1135

postconviction proceedings were pending. Taylor initiated an action in the circuit court and both

parties moved for summary judgment. The court granted CCSAO’s motion for summary judgment

and denied Taylor’s, finding disclosure would interfere with pending law enforcement proceedings

under FOIA section 7(1)(d)(i) (5 ILCS 140/7(1)(d)(i) (West 2022)). On appeal, Taylor argues

CCSAO failed to prove the requested records were exempt. For the following reasons, we reverse

the circuit court’s order. On remand, we order CCSAO to comply with their burden under FOIA

to produce the requested documents or justify application of section 7(1)(d)(i) by preparing an

index and detailed affidavit explaining why disclosure of each document would interfere with

pending or reasonably contemplated law enforcement proceedings.

¶2 I. BACKGROUND

¶3 In 2006, following a jury trial, the circuit court convicted Taylor of, inter alia, one count of

first degree murder and sentenced him to 55 years imprisonment under case No. 04-CR-01554-01.

On February 21, 2019, Taylor filed, with the circuit court, a motion to file a successive

postconviction petition. The circuit court granted the motion and proceeded with Taylor’s petition.

On May 22, 2022, Taylor submitted two FOIA requests to CCSAO, seeking (1) “any and all

subpoenas and warrants” and (2) “the entire case file” for case No. 04-CR-01554-01. On June 9,

2022, CCSAO denied both requests, stating the records requested were exempt under FOIA section

7(1)(d)(ii) as they “interfere with active administrative enforcement proceedings.”

¶4 On August 4, 2022, Taylor filed a complaint against CCSAO, alleging that the office

willfully and intentionally violated FOIA by failing to adequately search for records responsive to

his requests. While his complaint was pending, Taylor filed a motion in his postconviction

proceeding to compel the production of records and subpoenas related to his case. The

postconviction court denied that motion on November 17, 2022. Taylor then moved for partial

2 No. 1-23-1135

summary judgment in the FOIA matter on February 2, 2023, arguing CCSAO did not prove the

requested records were exempt from disclosure. CCSAO filed a cross motion for summary

judgment on March 1, 2023. In their motion, CCSAO argued that the requested records would

“interfere with a pending law enforcement proceeding” under FOIA section 7(1)(d)(i). CCSAO

alleged that even if a postconviction proceeding is by itself not a “law enforcement proceeding,”

Taylor’s requests are essentially a discovery request for his pending postconviction matter and

cannot subvert the limited discovery rules under the Post-Conviction Hearing Act (725 ILCS

5/122-1 et seq. (West 2022)).

¶5 The record does not indicate that CCSAO submitted any documents to the circuit court for

inspection. In their motion, CCSAO produced an affidavit from FOIA officer Jeanene Booker. In

her affidavit, Ms. Booker states she received both of Taylor’s FOIA requests in May 2022. Based

on her knowledge and experience as a FOIA officer, Ms. Booker states she knew the responsive

records would likely be within the special litigation unit, and she consulted with them accordingly.

Ms. Booker then contacted Assistant States Attorney Carol Rogala regarding the requested

records. Attorney Rogala informed Ms. Booker that the records were under review as part of

ongoing postconviction proceedings. CCSAO then denied Taylor’s requests pursuant to FOIA

section 7(1)(d)(i).

¶6 On May 31, 2023, the circuit court granted CCSAO’s motion for summary judgment and

denied Taylor’s motion. In its order, the court likened the matter to National Labor Relations

Board v. Robbins & Tire Co., 437 U.S. 214 (1978), where the United States Supreme Court

considered whether the National Labor Relations Board properly refused to disclose prior

statements of witnesses from whom they intended to call during a hearing. The board claimed

disclosure of the statements would “interfere with enforcement proceedings” as stated in

3 No. 1-23-1135

Exemption 7(A) of the federal Freedom of Information Act (FOIA) (5 U.S.C. § 552(b)(7)(A)

(1976)). Robbins, 437 U.S. at 216-17. The United States Supreme Court explained that disclosure

of the statements ahead of the hearing would change the governing discovery rules as posited by

the National Labor Relations Act (28 U.S.C. § 158(a)(1) (1976)) and force the board to alter its

trial strategy through mechanisms likely to cause substantial delays. Robbins, 437 U.S. at 236-37.

¶7 Here, the circuit court noted that requiring disclosure of records in the same case Taylor

filed a postconviction petition in would undermine the discretion of the court in that case to rule

on discovery matters. This appeal followed.

¶8 II. JURISDICTION

¶9 Taylor appeals the circuit court’s order of May 31, 2023, and filed his timely appeal on June

22, 2023. This court has jurisdiction to hear this appeal pursuant to Illinois Supreme Court Rule

303(a) (eff. July 1, 2017).

¶ 10 III. ANALYSIS

¶ 11 When parties file cross motions for summary judgment, they concede that no material

questions of fact exist and invite the court to decide the remaining questions of law based on the

record. Pielet v. Pielet, 2012 IL 112064, ¶ 28. However, the mere filing of cross motions for

summary judgment neither establishes that there is no issue of material fact nor obligates a court

to render summary judgment. Id. Summary judgment is proper when “the pleadings, depositions,

and admissions on file, together with the affidavits, if any, show that there is no genuine issue as

to material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS

5/2-1005(c) (West 2022). We review the circuit court’s decision as to cross-motions for summary

judgment de novo. Schroeder v. Sullivan, 2018 IL App (1st) 163210, ¶ 25.

4 No.

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2025 IL App (1st) 231135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-cook-county-states-attorneys-office-illappct-2025.