Mahoney v. Gummerson

Illinois Appellate Court
Civil Court
Case Number: 
2012 IL App (2d) 120391
Decision Date: 
November 20, 2012
2d Dist.
McHenry Co.
Certified question answered.
section 8-802.3(b) of Code of Civil Procedure, the exception to the confidential informant’s privilege, does not compel disclosure of a confidential informant’s identity in a civil action involving allegations of a murder-for-hire plot where no criminal prosecution is being conducted. The exception does not compel isclosure because such a civil action is not a “court proceeding involving a felony or misdemeanor. The statute precludes disclosure if the informant’s identity already has been established as privileged under section 8-802.3(a) of the Code. If prima facie evidence of the informant’s privilege is absent, section 8-802.3 does not preclude disclosure. (ZENOFF and HUDSON, concurring.)