E-Notice

2016-CH-04950
CALENDAR: 16
To: Matthew Vincent Topic
matt@loevy.com

NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
BETTER GOVERNMENT ASSOCIATION vs. CHICAGO POLICE DEPARTMENT
2016-CH-04950
The transmission was received on 04/07/2016 at 4:26 PM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 04/07/2016 at 4:29 PM.
CHANCERY_ACTION_COVER_SHEET (CHANCERY DIVISION)
COMPLAINT
Filer's Email:
Filer's Fax:
Notice Date:
Total Pages:

matt@loevy.com
(312) 243-5902
4/7/2016 4:29:22 PM
6

DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
COOK COUNTY
RICHARD J. DALEY CENTER, ROOM 1001
CHICAGO, IL 60602
(312) 603-5031
courtclerk@cookcountycourt.com

 Chancery Division Civil Cover Sheet - General Chancery Section

(Rev. 6/15/09) CCCH 0623

IN THE CIRCUIT CIVIL COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, COUNTY DIVISION

BETTER GOVERNMENT ASSOCIATION
Plantiff

v.

CHICAGO POLICE DEPARTMENT
Defendant

}

No.

ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
CALENDAR: 16
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
CHANCERY DIVISION
CLERK DOROTHY BROWN

CHANCERY DIVISION CIVIL COVER SHEET
GENERAL CHANCERY SECTION
A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint
in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for
administrative purposes only. Please check the line in front of the appropriate category which best characterizes
your action being filed.

0005
0001
0002
0004

Administrative Review
Class Action
Declaratory Judgment
Injunction

0007
0010
0011
0012
0013
0014
0015
0016
0017
0018

General Chancery
Accounting
Arbitration
Certiorari
Dissolution of Corporation
Dissolution of Partnership
Equitable Lien
Interpleader
Mandamus
Ne Exeat

0019
0020
0021
0022
0023
0024
0025
0026
0027
0085

Partition
Quiet Title
Quo Warranto
Redemption Rights
Reformation of a Contract
Rescission of a Contract
Specific Performance
Trust Construction
Foreign Transcript
Petition to Register Foreign Judgment
Other (specify)

By: /s MATTHEW VINCENT TOPIC
Attorney
Atty. No.: 41295
Name: LOEVY & LOEVY
Atty. for: BETTER GOVERNMENT ASSOCIATION
Address: 312N MAY 100
City/State/Zip: CHICAGO, IL 60607
Telephone: (312) 243-5900
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Pro Se

 ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
CALENDAR: 16
PAGE 1 of 5
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISION
CLERK DOROTHY BROWN
BETTER GOVERNMENT ASSOCIATION,
Plaintiff,
v.
CHICAGO POLICE DEPARTMENT,
CITY OF CHICAGO,
Defendants.

)
)
)
)
)
)
)
)
)
)

COMPLAINT
NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned
attorneys, LOEVY & LOEVY, and brings this Freedom of Information Act suit against
CHICAGO POLICE DEPARTMENT and CITY OF CHICAGO in response to CPD’s refusal to
produce video and other records showing the fatal shooting of Lamar Harris on March 14, 2016.
In willful violation of FOIA, CPD relies on arguments that were squarely rejected with regard to
the Laquan McDonald shooting video and that defy the plain text of FOIA. Worse still, CPD
claims that release of the objective video account of events would interfere with an Independent
Police Review Authority investigation, even though CPD has already released to the public
CPD’s own account of events.
INTRODUCTION
1.

Pursuant to the fundamental philosophy of the American constitutional form of

government, it is the public policy of the State of Illinois that all persons are entitled to full and
complete information regarding the affairs of government and the official acts and policies of
those who represent them as public officials and public employees consistent with the terms of
the Illinois Freedom of Information Act (“FOIA”). 5 ILCS 140/1.

 2.

All public records of a public body—including videos and records showing the

police shooting people—are presumed to be open to inspection or copying. Any public body that
asserts that a record is exempt from disclosure has the burden of proving by clear and convincing
evidence that it is exempt. 5 ILCS 140/1.2.
3.

Each public body shall, promptly, either comply with or deny a request for public

records within five business days after its receipt of the request, unless the time for response is
properly extended. 5 ILCS 140/3(d).
4.

CPD has violated FOIA by failing to produce video showing the fatal shooting of

Lamar Harris on the basis of an ongoing IPRA investigation.

ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
PAGE 2 of 5

PARTIES
5.

Plaintiff BETTER GOVERNMENT ASSOCIATION (“BGA”) is a nonpartisan,

Illinois non-profit corporation, whose mission is to educate the public about waste,
inefficiencies, and corruption in government by acting as a watchdog agency uncovering and
exposing this type of activity; to promote respect for the law; and to support public officials in
the rightful performance of their duties. BGA was founded in 1923 to protect the integrity of the
political process in Chicago.
6.

Defendant CHICAGO POLICE DEPARTMENT is a public body located in Cook

County, Illinois.
7.

Defendant CITY OF CHICAGO is a public body located in Cook County,

Illinois.
BGA’S FOIA REQUEST AND CHICAGO POLICE DEPARTMENT’S WILLFUL
VIOLATION
8.

On March 14, 2016, CPD fatally shot Lamar Harris.

-2-

 9.

By March 15, 2016, CPD made public statements about the circumstances of the

Lamar Harris shooting, including that CPD was investigating Harris for possible narcotics
activity, Harris’ criminal history, the exact location of the shooting, that officers were responding
to a call of a man with a gun, that officers stopped Harris because he matched the gunman’s
description, that Harris pushed one officer backward and struck another in the head while trying
to flee, that Harris reached for his waistband and a handgun fell from his waist, that officers
recovered a gun and marijuana in Harris’s possession, that Harris was affiliated with a gang, that
three officers assigned to the Harrison District tactical unit were investigating complaints about
drug activity in the area of Polk Street and Lawndale when they encountered Harris and a woman

ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
PAGE 3 of 5

and became suspicious that they were involved in a drug transaction, that officers approached to
talk to Harris and the woman when Harris ran, that officers chased Harris on foot, that Harris
opened fire striking all three officers, and that at least one of the officers fired at Harris. See,
e.g.,

http://www.chicagotribune.com/news/local/breaking/ct-police-id-man-killed-after-

wounding-3-chicago-cops-20160315-story.html.
10.

On March 16, 2016, BGA requested from CPD, under FOIA, “copies of any and

all records, reports and dash cam videos relating to the fatal police involved shooting of Lamar
Harris on or around March 15, 2016.” A true and correct copy of the request is attached as
Exhibit A.
11.

On March 31, 2016, CPD denied the request under FOIA Section 7(1)(d)(ii) on

the basis that the Independent Police Review Authority is engaged in an ongoing investigation
and that release of the video would allegedly harm IPRA’s investigation. A true and correct
copy of the denial letter is attached as Exhibit B.

-3-

 12.

The cited exemption only applies to when release of the records would “interfere

with active administrative enforcement proceedings conducted by the public body that is the
recipient of the request.”
13.

An IPRA investigation is not an administrative enforcement proceeding.

14.

CPD is not conducting any investigation or proceeding regarding the Harris

shooting.
15.

Release of the requested records would not interfere with IPRA’s investigation at

least because CPD has already released to the public CPD’s account of events.

ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
PAGE 4 of 5

COUNT I – VIOLATION OF FOIA
16.

The above paragraphs are incorporated by reference.

17.

CHICAGO POLICE DEPARTMENT is a public body under FOIA in possession

of public records responsive to the request.
18.

CPD has not produced records responsive to the request.

19.

CPD has willfully and intentionally violated FOIA.

WHEREFORE, BGA asks that the Court:
i.

in accordance with FOIA Section 11(f), afford this case precedence on the Court’s
docket except as to causes the Court considers to be of greater importance, assign
this case for hearing and trial at the earliest practicable date, and expedite this
case in every way;

ii.

declare that CHICAGO POLICE DEPARTMENT has violated FOIA;

iii.

order CHICAGO POLICE DEPARTMENT to produce the requested records
redacting only the material that is exempt;

-4-

 iv.

enjoin CHICAGO POLICE DEPARTMENT from withholding non-exempt
public records under FOIA;

v.

order CHICAGO POLICE DEPARTMENT to pay civil penalties;

vi.

award BGA reasonable attorneys’ fees and costs;

vii.

order CHICAGO POLICE DEPARTMENT to undergo supplemental FOIA
training and to undertake Court-supervised remedial efforts to correct its failure to
respond to FOIA requests as required; and

viii.

award such other relief the Court considers appropriate.

ELECTRONICALLY FILED
4/7/2016 4:26 PM
2016-CH-04950
PAGE 5 of 5

RESPECTFULLY SUBMITTED,

____________________________
Attorneys for Plaintiff
BETTER GOVERNMENT ASSOCIATION
Matthew Topic
Joshua Burday
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
312-243-5900
matt@loevy.com
Atty. No. 41295
April 7, 2016

-5-

 2120 - Served
2220 - Not Served
2320 - Served By Mail
2420 - Served By Publication
Summons - Alias Summons

2121 - Served
2221 - Not Served
2321 - Served By Mail
2421 - Served By Publication
(12/31/15) CCG N001

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
BETTER GOVERNMENT ASSOCIATION;

v.

No.

2016-CH-04950
Defendant Address:

CHICAGO POLICE DEPARTMENT

CHICAGO POLICE DEPARTMENT
121 N. LASALLE STREET
STE 107

SUMMONS

ALIAS - SUMMON

CHICAGO, IL 60602

To each defendant:
YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is hereto
attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room 802
,Chicago, Illinois 60602
District 2 - Skokie
District 3 - Rolling Meadows
District 4 - Maywood
5600 Old Orchard Rd.
2121 Euclid 1500
Maybrook Ave.
Skokie, IL 60077
Rolling Meadows, IL 60008
Maywood, IL 60153
District 5 - Bridgeview
District 6 - Markham
Child Support
10220 S. 76th Ave.
16501 S. Kedzie Pkwy.
28 North Clark St., Room 200
Bridgeview, IL 60455
Markham, IL 60428
Chicago, Illinois 60602
You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE
RELIEF REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so
endorsed. This Summons may not be served later than thirty (30) days after its date.
Atty. No.: 41295

Witness:

Thursday, 07 April 2016

Name: LOEVY & LOEVY
Atty. for: BETTER GOVERNMENT ASSOCIATION
Address: 312N MAY 100
City/State/Zip Code: CHICAGO, IL 60607
Telephone:

(312) 243-5900

Primary Email Address: matt@loevy.com
Secondary Email Address(es):

DOROTHY BROWN, Clerk of Court
Date of Service:
(To be inserted by officer on copy left with Defendant or other person)

**Service by Facsimile Transmission will be accepted at:

(Area Code)

(Facsimile Telephone Number)

/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Page 1 of 1

 Chancery DIVISION
Litigant List
Printed on 04/07/2016
Case Number: 2016-CH-04950

Page 1 of 1

Plaintiffs
Plaintiffs Name

Plaintiffs Address

State Zip

Unit #

BETTER GOVERNMENT
ASSOCIATION
Total Plaintiffs: 1

Defendants
Defendant Name

Defendant Address

State

CHICAGO POLICE
DEPARTMENT

121 N. LASALLE STREET CHICAGO, IL

Unit #
60602 STE 107

Service By
Sheriff-Clerk

Total Defendants: 1