Court Orders Dolton To Pay Attorney Fees And Civil Penalty In FOIA Case –

Dolton, Ill. (ECWd) –

On July 17, 2025, the Cook County Court Ordered the Village of Dolton, Illinois, to pay our attorney fees in the amount of $10,068.70, to pay our filing fees of $460.47, and to pay civil penalties in the amount of $5000.00 for willful violations, in a Freedom of Information Act lawsuit we previously settled, pending fee and penalty payments. This is case number 2024CH04353, which is not the same case where Henyard was held in contempt of court.

In the Order, the court found our attorney fees reasonable, the filing fees are routine, and when discussing the civil penalties, the Court stated, in paragraph 3:

“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.

Footnote 1 is also worthy of reading:

“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 the current administration.” Notwithstanding either circumstance the relevant language is mandatory and the court cannot simply decline to impose a penalty given (admitted) willful noncompliance.”

This and other cases in Dolton and Thornton Township should be the posterchild for the state legislature to amend the Freedom of Information Act to impose the penalties, personally, on the FOIA Officer, or the official withholding the records. Henyard and others should not be permitted to willfully violate state law, leaving the public body “holding the bag.”