Quintonio LeGrier Lawsuit

December 22, 2017

Freddy Martinez

Lucy Parsons Labs

Via email at requests@muckrock.com

Dear Mr. Martinez,

On behalf of the City of Chicago Department of Law, I am responding to your Freedom of Information Act request (“FOIA”) which was dated December 15, 2017 and received in our offices on the same day. You requested:

Requesting any and all internal documents related to the filling of the lawsuit against Quintonio LeGrier. Documents should include, at least:
* A copy of the electronic filing of the lawsuit.
* Documents sufficient to show internal discussions about filing this suit (including emails, memos, and other documents).
* Documents sufficient to show communications between the City of Chicago's Law Department, Chicago Police Department, COPA or IPRA, or other "stakeholders"
* Documents, should they exist, between any outside law firms consulting with the City of Chicago's Law Department.
Further, we seek documents sufficient to show any requests for dismissals, including the electronic filing of the lawsuit, as well as the documents described above.

Please find the Motion for Leave to File a Third-Party Complaint in the Quintonio LeGrier litigation. This document is in response to the first bullet point in your request.

However, as to the remainder of your request, your request seeks records protected by the attorney-client privilege. The Law Department is withholding those records pursuant to Section 7(1)(m) of FOIA. That section exempts:

“Communications between a public body and an attorney or auditor representing the public body that would not be subject to discovery in litigation, and materials prepared or compiled by or for a public body in anticipation of a criminal, civil or administrative proceeding upon the request of an attorney advising the public body, and materials prepared or compiled with respect to internal audits of public bodies.”

5 ILCS 140/7(1)(m). All the entities listed in the request are either clients of the Law Department or outside counsel retained by the Law Department. Because the withheld records constituted privileged communications between an attorney and clients, they have been properly withheld under this section.

The records are also protected under the work product doctrine. “The work product doctrine applies to documents prepared by either client or attorney in anticipation of litigation or trial.” Dalen v. Ozite Corp., 230 Ill. App. 3d, 18, 27 (2d Dist. 1992); see also Mattenson v. Baxter Healthcare Corp., 438 F.3d 763, 767-68 (7th Cir. 2006). Under this doctrine, such material “‘is subject to discovery only if it does not contain or disclose the theories, mental impressions, or litigation plans of the party’s attorney.’” Center Partners, Ltd. v. Growth Head GP, LLC, 2012 IL 113107, ¶ 29 (quoting Ill. S. Ct. R. 201(b)(2)). Any internal discussions of this counter claim between Law Department attorneys inevitably contains the mental impressions of the attorneys about the case.

You have the right to have a denial reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (877) 299-3642. You also have the right to seek judicial review of your denial by filing a lawsuit in Cook County Circuit Court.

Sincerely,

Tom Skelton
FOIA Officer – Law Department

Was it not attach? Sorry about that. It is attached now