Federal Magistrate Judge Arlander Keys: Chicago Police Complaint Registers ("CRs") Are Exempted From Public Disclosure
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In a recent court opinion, issued by United States District Court Magistrate Judge Arlander Keys in Bell v. City of Chicago, Chicago Police Department CR files were deemed protected from public disclosure. Judge Keys explained "the newly-amended FOIA expressly exempts from disclosure records relating to disciplinary adjudications." Section 7(1)(n) of the 2010 FOIA per se exempts from disclosure:
Records relating to a public body's adjudication of employee grievances or disciplinary cases; however, this exemption shall not extend to the final outcome of cases in which discipline is imposed.
The Court explained that it need not address the "privacy considerations" of the officers because the 2010 FOIA trumps all. As for the overstated contention that the "public's need to access the record outweighs any interest the Defendants may have in maintaining their confidentiality," Judge Keys cited language from the recent Seventh Circuit decision in Bond v. Utreras, where the Court explained “pretrial discovery, unlike the trial itself, is usually conducted in private.”
Geri Lynn Yanow of the Corporation Counsel's Office represents the defendants and Melinda Power represents the plaintiff
i think judge keys goes above and beyond the call of duty to get the right decisions as necessary.