Shehadeh v. Madigan
2013 IL App (4th) 120742
Ill. App. Ct.2013Background
- Jamal Shehadeh, FOIA requester, sought records aiding in compliance with FOIA by public bodies.
- Attorney General responded that producing all potential guidance records would be unduly burdensome under section 3(g).
- Attorney General identified over 9,200 potentially responsive files needing manual review and redaction.
- Counselor reviewed and found response timely and the burden proper, noting plaintiff declined to narrow the request.
- Plaintiff filed FOIA complaint alleging improper withholding and sought judicial review; amended complaint later.
- Circuit court granted summary judgment for the Attorney General; plaintiff appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search was adequately proven under FOIA 3(g). | Shehadeh argues search was inadequate. | Madigan asserts 3(g) burden exemptions applied; breadth of request justifies burden. | Yes; search adequacy not required given broad 3(g) request; burden shown. |
| Whether plaintiff was required to narrow the request before review. | Plaintiff contends no obligation to narrow before suit. | Public body can invoke 3(g) unduly burdensome exemption even if not narrowed. | Court held FOIA does not require narrowing; but exemption properly invoked. |
| Whether production would unduly burden the Attorney General’s operations. | 9,200 records review would be manageable given resources. | Reviewing thousands of records impairs other duties; burden outweighs public interest. | Yes; 9,200 records would unduly burden operations; exemption sustained. |
Key Cases Cited
- National Ass’n of Criminal Defense Lawyers v. Chicago Police Department, 399 Ill. App. 3d 1 (2010) (undue burden analysis in FOIA context)
- Bluestar Energy Services, Inc. v. Illinois Commerce Comm’n, 374 Ill. App. 3d 990 (2007) (section 3(g) vs. section 7 distinction; relevance to burden)
- Rockford Police Benevolent & Protective Ass’n, Unit No. 6 v. Morrissey, 398 Ill. App. 3d 145 (2010) (FOIA 3(g) burden and disclosure framework)
- Iturralde v. Comptroller of Currency, 315 F.3d 311 (D.C. Cir. 2003) (federal search adequacy standards persuasive but not binding)
- SafeCard Services v. Securities and Exchange Comm’n, 926 F.2d 1197 (D.C. Cir. 1991) (agency missing documents as context for search adequacy)