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Published in the Chicago Daily Law Bulletin on March 17, 2026
Where a public body's FOIA search was reasonable but the record still is not determinative of whether there was willful, intentional, or bad-faith noncompliance, summary judgment cannot dispose of the requester 's claim for statutory civil penalties.
In a nonprecedential Rule 23 decision, the 1st District Appellate Court affirmed in part and reversed in part a decision by Cook County Associate Judge David B. Atkins.
James Tobias, an independent journalist, submitted two FOIA requests to the city of Chicago's Office of the Mayor in May 2023. One sought all text messages sent or received by Chief of Staff Richard Guidice on May 15 and 16, 2023. The other sought all text messages between Mayor Brandon Johnson and Chicago Teachers Union president Stacy Davis Gates, including records from May 15, 2023, until the request was processed. The city acknowledged the requests, took a statutory extension, and then failed to produce records by the extended deadline, resulting in a constructive denial. Tobias later sued, alleging the city had failed to comply with FOIA and seeking production of the records, civil penalties and attorney fees.
During the trial-court proceedings, Tobias moved for partial summary judgment, arguing the city had not adequately searched for responsive records and should be ordered to produce them. The city opposed that motion and filed its own cross-motion for summary judgment. With that filing, it finally produced four pages of text messages and argued the case was effectively moot because it had now turned over the records and had conducted a reasonable search. The city also argued civil penalties were unwarranted as a matter of law. The trial court agreed. It found the city's search adequate, rejected Tobias's argument that the search should have extended to the later date when the mayor's phone was actually searched, and concluded the delayed production did not amount to a deliberate or dishonest FOIA violation. Tobias appealed.
On appeal, Tobias challenged both the adequacy of the city's search and the ruling foreclosing civil penalties. The appellate court affirmed the adequacy of the search, but took issue with the summary judgment against civil penalties. Tobias argued that even if the records were eventually produced, the record still allowed a fact finder to conclude the city had acted willfully, intentionally, or in bad faith. He pointed to the long delay, the fact that the city asserted exemptions before it had actually reviewed all of the responsive texts, and the city's decision not to produce the records until mid-litigation. The city answered that its search was reasonable, that it did not possess the responsive records by the original deadline, and nothing in the record showed the kind of deliberate or dishonest conduct needed for penalties.
The appellate court agreed with the city on the search issue but reversed on penalties. It held the search itself was adequate and that Tobias's request could not require the city to search for records that did not yet exist when the request was made. But the court found summary judgment went too far when it declared penalties unavailable. The record showed an admitted FOIA violation, a substantial delay in both searching and producing the texts, and an especially troubling fact: the city had pleaded exemptions to disclosure before it had even obtained and reviewed all the records at issue. The court said standard litigation practice does not permit a public body to claim FOIA exemptions without a factual basis grounded in the actual records. Because those circumstances could support an inference of bad faith, the issue could not be resolved as a matter of law. The court therefore sent the case back for further proceedings on whether civil penalties should be imposed.
The appellate court therefore affirmed in part and reversed in part the decision of the circuit court.
JAMES TOBIAS V. CITY OF CHICAGO OFFICE OF THE MAYOR
2026 IL App (1st) 241435-U
Writing for the court: Justice James Fitzgerald Smith
Concurring: Justices Nathaniel R. Howse Jr. and Cynthia Y. Cobbs
Released: March 2, 2026
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FOR IMMEDIATE RELEASE: April 15, 2026 Media Contact Information: Carrie Skogsberg (309) 821-4175 news@countryfinancial.com
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Accidents involving farm equipment often occur at dawn or dusk during peak commuting hours, especially when motorists attempt to pass slow-moving vehicles or do not anticipate turns or stops. Use flashing lights, ensure reflective tape and Slow-Moving Vehicle emblems are clean and confirm all lights are functioning properly to help maximize visibility and reduce risk. Remember to use turn signals, as drivers often misinterpret a tractor moving to the right side of the road before making a left turn.
Drivers should plan ahead during the busy planting season, remembering that farmers will be on the road and allowing for extra time. Slow down, stay focused on the road and look for the lights on farm vehicles. Prepare equipment Equipment malfunctions are a common cause of farm accidents. Thoroughly inspect and maintain all farm equipment before hitting the fields. Regular maintenance such as checking worn parts, replacing filters and lubricating moving components can reduce unexpected breakdowns and improve overall safety. Take extra caution when handling chemicals Chemical safety is another critical focus during planting season. Review safe handling procedures for fertilizers, pesticides and other hazardous materials with all farm workers to help ensure everyone is aligned on proper protocols. Have Safety Data Sheets (SDS) on-hand in case of emergency and ensure the use of personal protective equipment, including gloves, goggles and masks. “Safety on the farm isn’t just about equipment—it’s about awareness, communication and looking out for one another,” Hinthorn said. “Refreshing safety practices each season helps prevent injuries and protects everyone involved.” Prevent theft Theft of tools, chemicals and other personal property is common during planting season and can occur when equipment is left unlocked in the field, and when farmers are in and out of sheds frequently and don’t close and lock the doors. Take time to ensure valuable items are secured. Check insurance coverage and review extra coverage options Farmers should check their farm insurance coverages to be sure they have the right endorsements and coverages. For example, with Extra Expense coverage, a farmer who has a covered loss on a piece of equipment may be able to receive additional payment to rent equipment and resume operations. Farmers who sell seed corn need to purchase additional coverage. Check farm inventory lists to be sure they are accurate and up-to-date, especially if you have sold or purchased new equipment. Meeting with an insurance agent to discuss equipment, buildings, livestock, crops and employees can help ensure proper protections are in place and that any recent changes to operations are addressed. Take care of your health Finally, farmers are encouraged to prioritize their health and wellbeing. Long hours and physical demands can take a toll, making it important to take breaks, eat healthy meals, get enough rest and understand how medications may affect alertness. Let family members or employees know where you’re working and keep a phone or walkie‑talkie nearby in case of emergency. Taking time to prepare for a safe planting season helps prevent accidents, reduce stress and protect against the unexpected. COUNTRY Financial has been protecting farms for more than 100 years and has more than 400 Farm Certified representatives ready to serve farmers’ crop, farm and liability insurance needs. For more information, visit countryfinancial.com/farm. Policies issued by COUNTRY Mutual Insurance Company®, Bloomington, IL, an equal opportunity provider.
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