East Central Reporter

On July 17, 2025, the Cook County Court ordered the Village of Dolton, Illinois, to pay attorney fees amounting to $10,068.70 and filing fees of $460.47. Additionally, the court imposed civil penalties of $5,000 for willful violations in a Freedom of Information Act (FOIA) lawsuit that had been previously settled pending fee and penalty payments. This case is identified as number 2024CH04353 and is separate from another case where Henyard was held in contempt.

The court found the attorney fees reasonable and the filing fees routine. Regarding civil penalties, it stated: “As for civil penalties, while the court must issue one under the circumstances, it is persuaded the minimum penalty is sufficient. The relevant language directs the court to consider 'in aggravation or mitigation the budget of the public body and whether the public body has previously been assessed penalties for violations of the Act.' Plaintiff does not dispute that both factors apply toward mitigation here, as the Village is in poor financial condition and has already paid numerous fines for similar conduct."

A footnote from the court's order reads: “Defendant does briefly argue, but with no legal support, that the court should decline to impose a penalty because the violations were the fault of 'a few problematic officials,' and that residents of the Village 'have suffered enough under current administration.' Notwithstanding either circumstance, relevant language is mandatory and cannot simply decline to impose a penalty given (admitted) willful noncompliance.”

This case highlights issues within Dolton and Thornton Township regarding FOIA compliance. It suggests a need for legislative amendments to hold individual FOIA officers or officials accountable rather than leaving public bodies responsible for such violations.