Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that the FBI properly responded to a FOIA request from Shantique Jackson for the videos showing an incident in which she was severely beaten a by police officer in Joliet, Illinois. The officer was fired and charged both criminally and civilly, although he was acquitted both times. Jackson settled with Joliet for more than $675,000. Ten years later, Jackson requested the videos from the Department of Justice. The agency turned over the four videos but redacted the faces of third parties and other identifying information, claiming Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Jackson argued that any privacy interest was waived when the videos were played at the police officer's trial. However, the court observed that "the privacy interest can only be waived by the individual whose interests are at stake, not the agency. Since the government cannot waive an individual's privacy rights, the introduction at trial by the government or failure to introduce such records under seal is irrelevant to waiver analysis." The court added that "in this case, the unredacted videos were shared in a limited context in a controlled environment when used as evidence in an open trial, which is markedly different from the invasion of privacy rights that would occur from unredacted disclosure to Jackson." Jackson argued that disclosure would help provide a better understanding of how DOJ prosecuted the case. But the court noted that "Jackson neglects to argue or demonstrate how inclusion of the faces and license plate numbers in the four videos is likely to advance her understanding of how the Department prosecuted the case against [the police officer]."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Litigation - Segregability analysis

Date Filed	Doc #	Docket Text
2020-02-21	1	COMPLAINT filed by SHANTIQUE C. JACKSON; Filing fee $ 400, receipt number 0752-16750729. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Topic, Matthew) (Entered: 02/21/2020)
2020-02-21	2	ATTORNEY Appearance for Plaintiff SHANTIQUE C. JACKSON by Matthew Vincent Topic (Topic, Matthew) (Entered: 02/21/2020)
2020-02-21		CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (dxb, ) (Entered: 02/21/2020)
2020-02-24		SUMMONS Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney, and U.S. Attorney General (dxb, ) (Entered: 02/24/2020)
2020-02-24	3	NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) (Entered: 02/24/2020)
2020-03-09	4	MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 4/22/2020 at 9:00 a.m. Joint Status Report due by 4/17/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) (Entered: 03/09/2020)
2020-03-13	5	GENERAL ORDER signed by the Honorable Virginia M. Kendall: In view of the current situation regarding COVID19, the Court encourages counsel with motion or status hearings set over the next few weeks to (a) file a joint status report if they believe that the motion and/or status can be handled without an appearance simply by providing the Court with an update on the progress of the case or an indication that the relief requested in the motion either is unopposed or can be addressed with an agreed briefing schedule or (b) make arrangements to appear by telephone for all motions and status hearings that cannot be handled without an appearance. If you would like to appear by telephone for any hearing or status conference, please contact the Courtroom Deputy, Lynn Kandziora, preferably by email (Lynn_Kandziora@ilnd.uscourts.gov) or by telephone (312) 4085153, if necessary, to advise her of the case number and the name of the person who is expecting to participate. We will open the phone lines shortly before the start time every day that court is in session. Please use the Court's toll free call in number 877 848 7030, conference access code is 2413900. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Signed by the Honorable Virginia M. Kendall on 3/13/2020: Mailed notice. (rp, ) (Entered: 03/13/2020)
2020-03-16	6	ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/18/2020)
2020-03-23	7	DESIGNATION of Sarah Fattahi Terman as U.S. Attorney for Defendant U.S. Department of Justice (Terman, Sarah) (Entered: 03/23/2020)
2020-03-27	8	SUMMONS Returned Executed by Shantique C. Jackson as to U.S. Department of Justice served on 2/26/2020, answer due 4/27/2020 (Topic, Matthew) (Docket Text Modified by Clerks Office) (ecw, ). (Entered: 03/27/2020)
2020-03-27	9	SUMMONS Returned Executed by Shantique C. Jackson as to U.S. Attorney General served on 2/26/2020. (Topic, Matthew) (Docket Text Modified by Clerk's Office on 3/27/2020) (pj, ). (Entered: 03/27/2020)
2020-03-27	10	SUMMONS Returned Executed by Shantique C. Jackson as to United States Attorney's Office served on 2/26/2020 (Topic, Matthew) (Docket Text Modified by Clerk's Office on 3/27/2020) (pj, ). (Entered: 03/27/2020)
2020-03-30	11	ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, ) (Entered: 03/31/2020)
2020-04-07	12	MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to Second Amended General Order 20-0012, Status hearing set for 4/22/2020 is reset for 6/23/2020 at 9:00 AM. Mailed notice (lk, ) (Entered: 04/07/2020)
2020-04-24	13	ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket8, ) (Entered: 04/27/2020)
2020-06-17	14	ANSWER to Complaint by U.S. Department of Justice(Terman, Sarah) (Entered: 06/17/2020)
2020-06-18	15	MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 6/23/2020 will proceed at 9:15 AM (please note time change) and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. Mailed notice (lk, ) (Entered: 06/18/2020)
2020-06-19	16	MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Status hearing set for 9:00 AM is reset for 11:40 AM on 6/23/2020 (time change only). Please refer to Minute Entry 15 regarding Teleconference instructions. Mailed notice (lk, ) (Entered: 06/19/2020)
2020-06-22	17	ATTORNEY Appearance for Plaintiff Shantique C. Jackson by Joshua Lee Loevy (Loevy, Joshua) (Entered: 06/22/2020)
2020-06-23	18	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Initial Status hearing held on 6/23/2020. Status hearing set for 9/9/2020 at 9:00 AM. The courtroom deputy will contact parties if hearing will proceed via Teleconference. Mailed notice (lk, ) (Entered: 06/24/2020)
2020-07-10	19	ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket) (Entered: 07/10/2020)
2020-09-08	20	MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 9/9/2020 at 9:00 AM stands and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. Mailed notice (lk, ) (Entered: 09/08/2020)
2020-09-09	21	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 9/9/2020. Due to technical difficulties with the Court's Teleconference system, Plaintiff's Counsel did appear, but was unable to be heard. Defense Counsel informed the Court that more time is needed to review the criminal case file and videos. Status hearing set for 12/3/2020 at 9:00 AM. The courtroom deputy will notify Parties if hearing will proceed via Teleconference. Mailed notice (lk, ) (Entered: 09/11/2020)
2020-12-02	22	MINUTE entry before the Honorable Virginia M. Kendall. Status set for 12/3/2020 at 9:00 AM stands and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 12/02/2020)
2020-12-03	23	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 12/3/2020. Parties report that more time is needed to review the criminal case file and produce videos. Teleconference Status hearing set for 1/20/2021 at 9:00 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in. Mailed notice (lk, ) (Entered: 12/04/2020)
2021-01-20	24	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing set for 1/20/2021 is reset to begin at 9:15 AM (PLEASE NOTE TIME CHANGE ONLY). Mailed notice (lk, ) (Entered: 01/20/2021)
2021-01-20	25	MINUTE entry before the Honorable Virginia M. Kendall. Defense Counsel advised he spoke with AUSA Terman who is unable to attend hearing due to a schedule conflict but he spoke with her regarding status of case. Defense Counsel reported he has received all production of records from the Government and is in the process of reviewing them. It was further advised that Parties are working on potential resolution of case. Teleconference Status hearing set for 3/22/2021 at 9:00 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in.Mailed notice (lk, ) (Entered: 01/21/2021)
2021-01-20	26	MINUTE entry (Corrected) before the Honorable Virginia M. Kendall. Teleconfernce Status hearing held on 1/20/2021. Defense Counsel advised he spoke with AUSA Terman who is unable to attend hearing due to a schedule conflict but he spoke with her regarding status of case. Defense Counsel reported he has received all production of records from the Government and is in the process of reviewing them. It was further advised that Parties are working on potential resolution of case. Teleconference Status hearing set for 3/22/2021 at 9:00 AM. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. The Court is also asking that speaker phone not be used. Please consider the sound quality when utilizing certain devices. If Parties have issues being heard or hearing, please log off and either call in or log back in.Mailed notice (lk, ) (Entered: 01/21/2021)
2021-03-22	27	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 3/22/2021. Plaintiff's Counsel reports Defendant has completed producing records requested, but Parties need to confer regarding further inquiries. Teleconference Status hearing set for 5/17/2021 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) (Entered: 03/23/2021)
2021-05-17	28	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 5/17/2021. Plaintiff's Counsel failed to appear via Teleconference. Status hearing is continued for 5/20/2021 at 9:15 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing.Mailed notice (lk, ) (Entered: 05/18/2021)
2021-05-20	29	MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Status hearing held on 5/20/2021. Dispositive Motions shall be filed by 8/16/2021. Response due by 9/13/2021; Reply due by 9/27/2021. Status hearing set for 11/15/2021 at 9:00 AM.Mailed notice (lk, ) (Entered: 05/24/2021)
2021-08-16	30	MOTION by Defendant U.S. Department of Justice for summary judgment (Terman, Sarah) (Entered: 08/16/2021)
2021-08-16	31	MEMORANDUM by U.S. Department of Justice in support of motion for summary judgment 30 (Terman, Sarah) (Entered: 08/16/2021)
2021-08-16	32	RULE 56 Statement by U.S. Department of Justice regarding motion for summary judgment 30 (Attachments: # 1 Declaration of A. Finney (EOUSA), # 2 Declaration of M. Seidel (FBI), # 3 Exhibit A-G)(Terman, Sarah) (Entered: 08/16/2021)
2021-09-13	33	MEMORANDUM by Shantique C. Jackson in Opposition to motion for summary judgment 30 (Attachments: # 1 Exhibit Response to Rule 56.1 Statement)(Topic, Matthew) (Entered: 09/13/2021)
2021-09-27	34	REPLY by Defendant U.S. Department of Justice in support of Motion for Summary Judgment 30 (Terman, Sarah) (Entered: 09/27/2021)
2021-11-03	35	MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 11/15/2021 is stricken. Mailed notice (lk, ) (Entered: 11/03/2021)
2022-03-31	36	MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/31/2022. Defendant's Motion for Summary Judgment 30 is granted. See Opinion for further details. Mailed notice(lk, ) (Entered: 03/31/2022)
2022-03-31	37	ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, ) (Entered: 03/31/2022)
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