Walker v. Bruscato

Plaintiff alleged that State's Attorney improperly denied his FOIA requests. Court properly granted summary judgment for Defendant. Plaintiff was convicted, after jury trial, of 1st-degree murder, as charged in indictment. It is undisputed that records Plaintiff initially sought did not exist at the time, and that Plaintiff eventually received them, as well as the grand jury transcript he requested; thus, Plaintiff could not maintain cause of action under FOIA. Section 112-6 of Code of Criminal Procedure prohibited disclosure of persons under investigation before grand jury, and of deliberations and vote of grand jury, triggering exemption in Section 7(1)(a) of FOIA.     (BIRKETT and HUDSON, concurring.)