In Taylor v. Cook County State’s Attorney’s Office, the Illinois appellate court considered a FOIA request for records related to a convicted person’s own criminal case. The State’s Attorney’s Office categorically rejected the FOIA request under FOIA section 7(1)(d)(i) and 7(1)(d)(ii), which exempt requests that interfere with active administrative and law enforcement proceedings. Ultimately, the Appellate Court held that the State’s Attorney’s Office failed to meet its burden, as it did not provide adequate justification for the blanket exemption with specific evidence or detailed affidavits.
The Taylor court clarified that public bodies asserting a FOIA exemption must prove, by clear and convincing evidence, that the withheld records are exempt. If a party seeking disclosure challenges the denial of a FOIA request, the public body must provide a detailed justification for its claim of exemption and address the requested documents specifically and in a manner that allows for adequate adversary testing.
While the federal FOA allows for general determinations concerning exemptions over entire files, the Illinois FOIA does not. As such, public bodies cannot make generic/blanket determinations when denying FOIA requests. Rather, they must review specific records and provide specific justification for the exemptions. In some cases, this could require the use of affidavits, so long as they are not overly vague, or a court’s in camera (i.e., private) inspection of the withheld documents.
The court’s decision is an important reminder for public bodies, including public school districts, that FOIA requests cannot be summarily denied without legitimate review and adequate justification for any asserted FOIA exemptions.
For questions regarding FOIA, contact any attorney in our Corporate/Board Governance Practice group.
Source: Taylor v. Cook County State’s Attorney’s Office, No. 1-23-1135, 2025 WL 1718234, at *1 (Ill. App. Ct. 1st Dist. June 20, 2025)
