Kelly v. Village of Kenilworth

(Modified upon denial of rehearing 7/26/19.) In 1966, a 21-year-old woman was murdered at her home in Kenilworth. Her murder remains unsolved. Four public bodies declined to turn over documents regarding the murder investigation which Plaintiff had sought through FOIA requests. Village may assert a Section 7(1)(d) exemption over documents held by other public bodies that participated in the investigation, but that Section does not alone provide for categorical blanket assertion of the exemptions therein. Defendants did not meet their burden of showing that releasing any of the withheld materials would have interfered with enforcement proceedings or obstructed an investigation so as to render all their files exempt.Defendants did not cite or comply with Section 3(g) of FOIA. Thus, Defendants did not show that the breadth of the exemption permitted by the court was appropriate. If Defendants raise a 3(g) exemption, then Plaintiff is entitled to narrow his request. (HOFFMAN and HALL, concurring.)