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7 Illinois opinions name it 1 courts 2018–2025 4 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lieber v. Board of Trustees of Southern Illinois Universitygreen2 sentences2024(Internal quotation marks omitted.) Barner v. Fairburn, 2019 IL App (3d) 180742, ¶ 12 , 134 N.E.3d 987 . -6- ¶ 20 “When a public body receives a proper request for information, it must comply with that request unless one of the narrow statutory exemptions applies.” Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401, 407 , 680 N.E.2d 374, 377 (1997). 2024(Internal quotation marks omitted.) Barner v. Fairburn, 2019 IL App (3d) 180742, ¶ 12 , 134 N.E.3d 987 . -6- ¶ 20 “When a public body receives a proper request for information, it must comply with that request unless one of the narrow statutory exemptions applies.” Lieber v. Board of Trustees of Southern Illinois University, 176 Ill. 2d 401, 407 , 680 N.E.2d 374, 377 (1997). | 2 | 2 |
Hites v. Waubonsee Community Collegegreen2 sentences2019“The nonexistence of requested documents is a cognizable affirmative defense to a complaint grounded in FOIA.” Bocock v. Will County Sheriff, 2018 IL App (3d) 170330, ¶ 52 ; see Hites v. Waubonsee Community College, 2016 IL App (2d) 150836 . ¶ 13 Here, Bryant’s affidavit asserted that she searched for all requested records and found nothing in relation to plaintiff’s request other than the incident report. 2018E.g. , Hites v. Waubonsee Community College , 2016 IL App (2d) 150836 , 404 Ill.Dec. 636 , 56 N.E.3d 1049 . ¶ 53 Defendant asserts that plaintiff's FOIA request was "interpreted as a request for the names and inmate identification numbers of those who were overcharged for the stamps purchased through commissary." Next, defendant points out that the Keefe affidavit demonstrates that all stamps sold at WCADF for 49 cents were originally purchased for 49 cents. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Barner v. Fairburn
green
2 sentences2024As previously noted, FOIA does not create an independent duty upon a public body to maintain or prepare a public record that it is not already legally required to keep, and “[t]he nonexistence of requested documents is a cognizable affirmative defense.” (Internal quotation marks omitted.) Barner, 2019 IL App (3d) 180742, ¶ 12 . ¶ 29 Here, plaintiff sought recipes and portioning guidelines for all food prepared by detainees and staff, including any calculation of nutritional value “that has or will be produced,” the date the calculation was made, the person responsible for the calculation, any 2022As stated above, FOIA does not create an independent duty upon a public body to maintain or prepare a public record that it is not already legally required to keep, and “[t]he nonexistence of requested documents is a cognizable affirmative defense.” Barner v. Fairburn, 2019 IL App (3d) 180742, ¶ 12 . | 3 | 2022–2024 |
Bocock v. Will County Sheriff
green
2 sentences2025As it relates to Vedra’s motion to dismiss, “[t]he nonexistence of requested documents is a cognizable affirmative defense to a complaint grounded in FOIA.” Bocock v. Will County Sheriff, 2018 IL App (3d) 170330, ¶ 52 . ¶ 15 Here, Vedra’s affidavit averred that she searched for the records Turner requested and that none existed. 2019“The nonexistence of requested documents is a cognizable affirmative defense to a complaint grounded in FOIA.” Bocock v. Will County Sheriff, 2018 IL App (3d) 170330, ¶ 52 ; see Hites v. Waubonsee Community College, 2016 IL App (2d) 150836 . ¶ 13 Here, Bryant’s affidavit asserted that she searched for all requested records and found nothing in relation to plaintiff’s request other than the incident report. | 2 | 2019–2025 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.