Lawsuit filed on behalf of HWH reporter in pursuit of Harvey Police Department records

An HWH reporter has filed a lawsuit against the City of Harvey after public records clerks failed to turn over requested police records.

The records are crucial to several ongoing investigations the HWH has launched into the Harvey Police Department. 

This reporter submitted multiple Freedom of Information Act requests in May. The city’s records clerks did not provide a written extension to the requests, nor process them, at all.

The requests sought deleted body camera footage and body camera metadata, arrest data, 911 call data, crime figures reported to the Federal Bureau of Investigation, public records requests the department has received, evidence records, and crime data. 

Most of this data is not currently available on the city’s website.

The HWH reporter is represented by Matt Topic from Loevy & Loevy in his lawsuit, which was filed in June.

Topic has litigated state and federal lawsuits. Topic helped compel the release of a dash camera video showing former Chicago Police Officer Jason Van Dyke shooting and killing Laquan McDonald, “private emails” about public business of former Chicago mayor Rahm Emanuel, and previously redacted information in the Mueller report that exposed Russian interference in the 2016 United States presidential election.

Loevy & Loevy’s services are regularly requested by Chicago-area newsrooms, including the WBEZ Chicago, the nearby National Public Radio member station, and Better Government Association.

Civil penalties are costly for Illinois taxpayers. 

Courts can impose fines between $2,500 and $5,000 per FOIA violation. If the courts rule in this reporter’s favor, civil penalties could fall between $27,000 and $45,000.

Topic is also representing the HWH in another lawsuit filed last month. 

That request, in which public records clerks failed to process the request on time and in its entirety, sought the city’s demolition list, a first responder bargaining agreement, and copies of various resolutions and ordinances.

Harvey Clerk’s Office currently has multiple outstanding public records requests for other HWH reporters, namely those regarding the city’s businesses and business licensing practices.

The HWH has reported the Harvey Clerk’s Office to the Illinois State Attorney General Public Access Counselor, tasked with reviewing FOIA violations, three times this year.