Court Dismisses Inmate’s FOIA Claims

May 2, 2019

The Honorable Ronald J. Gerts in the County of Kankakee granted the Defendants’ Motion to Dismiss on an Illinois Freedom of Information Act case in Sherrod v. Kankakee, et al., Case No. 2018 MR 302 (Kankakee Co. Cir. Ct. Mar. 15, 2019). Plaintiff, Antonio Sherrod, a federal prisoner filed suit for copies of thirteen-year old records of his release from the County Jail, including video of his entry and exit from the facility. Sherrod further sued the Kankakee County State’s Attorney’s office for records related to his prosecution.

Both the Sheriff’s Department and the State’s Attorney’s Office had provided responses to Plaintiff’s FOIA requests. The Sheriff’s Department enclosed the documents that could be located, but were unable to locate other documents. The State’s Attorney’s Office responded that they had no records due to Sherrod having been prosecuted by the U.S. Attorney’s Office and not the State’s Attorney. Judge Gerts granted the Defendants’ Motion to dismiss based upon mootness, in that Plaintiff had already been provided the available records he sought, and that the additional documents no longer existed or could not be located due to their age. The Defendants were represented by Michael Condon and Tony Fioretti.

Sherrod v. Kankakee, et al., Case No. 2018 MR 302 (Kankakee Co. Cir. Ct. Mar. 15, 2019).

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