E-Notice To: Matthew Vincent Topic matt@loevy.com CALENDAR: 15 NOTICE OF ELECTRONIC FILING IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS BETTER GOVERNMENT ASSOCIATION vs. CHICAGO POLICE DEPARTMENT The transmission was received on 07/20/2015 at 12:53 PM and was ACCEPTED with the Clerk of the Circuit Court of Cook County on 07/20/2015 at 1:20 PM. CHANCERY_ACTION_COVER_SHEET (CHANCERY DIVISION) COMPLAINT Filer's Email: matt@loevy.com Filer's Fax: (312) 243-5902 Notice Date: 7/20/2015 1:20:43 PM Total Pages: 9 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 v. CHICAGO POLICE DEPARTMENT Plantiff Defendant }No. ELECTRONICALLY FILED CALENDAR: 15 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 Administrative Review 0001 Class Action 0002 Declaratory Judgment 0004 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 Partition 0020 Quiet Title 0021 Quo Warranto 0022 Redemption Rights 0023 Reformation of a Contract 0024 Rescission of a Contract 0025 Specific Performance 0026 Trust Construction 0027 Foreign Transcript 0085 Petition to Register Foreign Judgment Other (specify) 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 By: /s MATTHEW VINCENT TOPIC Attorney Pro Se DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
ELECTRONICALLY FILED CALENDAR: 15 PAGE 1 of 8 CIRCUIT COURT OF IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COOK COUNTY, ILLINOIS CHANCERY DIVISION COUNTY DEPARTMENT, CHANCERY DIVISION CLERK DOROTHY BROWN BETTER GOVERNMENT ASSOCIATION, ) ) Plaintiff, ) ) v. ) ) CHICAGO POLICE DEPARTMENT, ) ) Defendant. ) COMPLAINT NOW COMES Plaintiff, BETTER GOVERNMENT ASSOCIATION, by its undersigned attorneys, LOEVY & LOEVY, and brings its third Freedom of Information Act suit against CHICAGO POLICE DEPARTMENT since October 2014 seeking to force CPD to respond to BGA s FOIA requests by the statutory deadlines, this time based on CPD s failure to produce emails between Police Chief Garry McCarthy or top CPD official Robert Tracy and a Chicagoarea businessman with connections to reputed mob figures. In support of its Complaint, BETTER GOVERNMENT ASSOCIATION alleges: 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 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. Defendant CHICAGO POLICE DEPARTMENT has violated FOIA by failing to respond to BGA s FOIA requests or produce responsive non-exempt emails between top CPD brass and a businessman with connections to reputed mob figures. PARTIES ELECTRONICALLY FILED PAGE 2 of 8 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. BGA S FOIA REQUEST AND CHICAGO POLICE DEPARTMENT S FAILURE TO RESPOND 7. On June 22, 2015, BGA requested from CPD under FOIA all emails between Superintendent Garry McCarthy or CPD official Robert Tracy and Richard Rick Simon from January 1, 2004, to present. A true and correct copy of the request and all related correspondence is attached as Group Exhibit A. - 2 -
8. On June 29, 2015, CPD claimed an extension of time to respond to the request. 9. CPD orally sought a further extension of time to July 15, 2015, which exceeded the maximum permitted extension under FOIA. BGA declined to agree to a further extension. 10. CPD did not provide a response on July 15, 2015, and as of the date of this Complaint has not provided a response. 11. On at least 100 occasions in 2014, CPD was the subject of Attorney General reviews for failure to respond to FOIA requests on time. 12. BGA has two other pending lawsuits against CPD in which CPD failed to respond to FOIA requests on time. CPD has at least four other pending lawsuits against it with the same allegations. ELECTRONICALLY FILED PAGE 3 of 8 13. CPD has attributed its failures to respond to requests on time to isolated clerical oversight or computer problems, denied that it is willfully violating FOIA, and claimed that it has already remedied the causes of its prior failures to respond and should not be subject to civil penalties for willful and intentional violations or remedial injunctive relief. 14. In response to two other BGA FOIA requests in the past 60 days, CPD has failed to respond in a timely manner, eventually producing records but weeks after the required deadlines. 15. CPD FOIA officers and those responsible for supervising them are aware of the deadlines and requirements of FOIA yet continue not to comply with them. 16. Without court-supervised reforms and the imposition of monetary penalties as required under FOIA, CPD will continue to violate FOIA routinely. - 3 -
COUNT I VIOLATION OF FOIA 17. The above paragraphs are incorporated by reference. 18. CHICAGO POLICE DEPARTMENT is a public body under FOIA in possession of public records responsive to the request. 19. CPD has not produced records responsive to the request and has failed to provide the required response to the request. 20. CPD has willfully and intentionally violated FOIA by not responding to BGA s FOIA requests and by withholding responsive non-exempt records. WHEREFORE, BGA asks that the Court: i. in accordance with FOIA Section 11(f), afford this case precedence on the Court s ELECTRONICALLY FILED PAGE 4 of 8 ii. iii. iv. 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; declare that CHICAGO POLICE DEPARTMENT has violated FOIA; order CHICAGO POLICE DEPARTMENT to produce the requested records redacting only the material that is exempt; enjoin CHICAGO POLICE DEPARTMENT from withholding non-exempt public records under FOIA; v. order CHICAGO POLICE DEPARTMENT to pay civil penalties; vi. vii. award BGA reasonable attorneys fees and costs; 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. - 4 -
RESPECTFULLY SUBMITTED, Attorneys for Plaintiff BETTER GOVERNMENT ASSOCIATION Matthew Topic LOEVY & LOEVY 312 North May St., Suite 100 Chicago, IL 60607 312-243-5900 matt@loevy.com Atty. No. 41295 ELECTRONICALLY FILED PAGE 5 of 8-5 -
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2120 - Served 2220 - Not Served 2320 - Served By Mail 2420 - Served By Publication SUMMONS 2121 - Served 2221 - Not Served 2321 - Served By Mail 2421 - Served By Publication ALIAS - SUMMONS (2/18/11) CCG N001 IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, CHANCERY DIVISION BETTER GOVERNMENT ASSOCIATION v. CHICAGO POLICE DEPARTMENT SUMMONS To each Defendant: (Name all parties) Summons ALIAS - SUMMONS No. Defendant Address: CHICAGO POLICE DEPARTMENT 121 N. LASALLE STE 107 - CITY CLERK CHICAGO, IL 60602 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 10220 S. 76th Ave. Bridgeview, IL 60455 District 6 - Markham Child Support 16501 S. Kedzie Pkwy. 28 North Clark St., Room 200 Markham, IL 60426 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 30 days after its date. 41295 Atty. No.: LOEVY & LOEVY Name: BETTER GOVERNMENT ASSOCIATION Atty. for: 312N MAY 100 Address: CHICAGO, IL 60607 City/State/Zip: (312) 243-5900 Telephone: Monday, 20 July 2015 WITNESS,, /s 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
Chancery DIVISION Litigant List Printed on 07/20/2015 Case Number: Page 1 of 1 Plaintiffs Plaintiffs Name Plaintiffs Address State Zip Unit # BETTER GOVERNMENT ASSOCIATION Defendants Defendant Name Defendant Address State Unit # CHICAGO POLICE DEPARTMENT 121 N. LASALLE CHICAGO, Total Plaintiffs: 1 Service By IL 60602 STE 107 - CITY Sheriff-Clerk Total Defendants: 1