The Makiel v Foxx case revolved around Daniel Makiel, the plaintiff, who filed a complaint against Kimberly Foxx, in her official capacity as the State’s Attorney of Cook County. Makiel sought “in part a declaration that section 7(1)(d)(i) of the Illinois Freedom of Information Act (FOIA)1 (5 ILCS 140/7(1)(d)(i) (West 2020)) did not exempt defendant Foxx from disclosing various documents related to a separate criminal case involving Makiel’s codefendant.” The case raised significant questions about the scope and application of FOIA exemptions, particularly regarding law enforcement records.

Makiel, currently serving a prison sentence, filed a motion for leave to file a successive petition for postconviction relief. He alleged that the state failed to disclose critical information about a witness in his trial. To support his claim, Makiel requested various records under the FOIA related to his co-defendant’s criminal case. However, the State’s Attorney’s Office denied his request, claiming the records were exempt under section 7(1)(d)(i) of FOIA as their disclosure would interfere with ongoing proceedings.

The trial court granted the State’s motion for summary judgment, agreeing that the records Makiel requested were exempt from FOIA. This decision was based on the argument that disclosing the documents would alter state laws governing postconviction discovery and potentially delay Makiel’s postconviction proceedings.

The Appellate Court reversed the trial court’s decision, finding that the State had failed to demonstrate that the records requested by Makiel were exempt from disclosure under FOIA. The court emphasized that FOIA does not allow for a “blanket exemption” for records just because they are part of an investigative file. Each record’s subject matter must be considered to determine if an exemption applies.

This ruling clarifies that public bodies cannot categorically deny FOIA requests for law enforcement records by simply stating they are part of an ongoing investigation or legal proceeding. Instead, they must provide clear evidence that disclosing each specific record would interfere with law enforcement proceedings.

The Makiel v Foxx decision underscores the complexities involved in resolving FOIA disputes, particularly when it comes to law enforcement records. It highlights the importance of hiring a law firm to assist with FOIA issues. Skilled legal professionals can effectively navigate these complexities, ensuring that requests for information are adequately addressed and that the rights of individuals to access public records are upheld.

The Rule 23 Order in Makiel v Foxx can be found here: Makiel v Foxx, 2023 IL App (1st) 221815-U.

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