Harvey paid $3,750 to settle a lawsuit alleging the city violated the Freedom of Information Act by denying a Harvey man’s request for body-worn camera footage related to his arrest, according to the settlement agreement.
City Council members approved the payment to Brandon Collymore at a council meeting Sept. 9, which was set to be paid within 45 days. Part of the agreement also called for the city to give Collymore a copy of the body-worn camera footage. The Daily Southtown requested a copy of the settlement through FOIA after the meeting but did not receive it for more than two months.
In Illinois, government agencies must respond to a FOIA request within five business days of filing. Agencies can extend the response time by up to five additional business days, but must notify the requester in writing if more time is needed.
“Every person in Illinois has a right to know what the government is doing in their name, and the Freedom of Information Act is the tool to do that, the tool that helps hold police accountable,” said Daniel Massoglia, director of the Civil Rights Clinic at First Defense Legal Aid, which provides free legal representation for victims of police abuse and represented Collymore in the case. “We filed a lawsuit alleging that the city had violated the law and we’re pleased with the results.”
Collymore filed a FOIA request with the city in May 2023 seeking police reports, narratives, body-worn and in-car camera footage, tactical response reports and other records related to his arrest in July 2022, according to the lawsuit. The lawsuit claims that within five business days of the city’s acknowledgment of Collymore’s request, the city did not seek an extension, prompting Collymore to contact the clerk’s office for an update. The lawsuit states both parties agreed to an extension deadline of June 15.
During a conversation with the city’s FOIA officer, Liliana Gonzalez, the lawsuit states that she expressed uncertainty about whether the city had purchased or could afford the technology required to blur faces.
Harvey Mayor Christopher Clark is the FOIA officer for Calumet City.
On June 16, Collymore followed up with Gonzalez, but both his emails and phone calls went unanswered, according to the lawsuit.
Almost two weeks after the agreed upon deadline, the city partially denied the request for the in-car and body-worn camera footage, claiming they lacked the means to blur faces and protect the identities of third parties and individuals providing information to law enforcement, the lawsuit states.
“Defendant’s (Harvey) actions, whether the product of individual subjective malfeasance or structural bad faith through underfunding and mismanagement, constitute willful and intentional violations of the Act,” according to the lawsuit.
The city’s spokesperson, Glenn Harston, did not provide comment on the lawsuit or whether the city obtained the necessary technology to blur faces in police footage.
The lawsuit says other municipalities, such as Chicago, routinely blur faces when third parties are present on in-car or body-worn camera footage requested under FOIA.
The lawsuit states several body-worn camera providers and technology companies offer video redaction software at affordable rates, listing Axon’s “redaction studio” in the Pro Tier license package for $26 more per month than the basic plan, Redaction by Reduct’s manual redaction software for $24 annually and Caseguard’s comprehensive redaction services ranging from $99 to $329 per month.
“Technology is not that expensive to blur somebody’s face,” Massoglia said.
Massoglia, who took on Collymore’s case after the initial lawyer left the legal aid firm, said he is unsure whether attempts were made to appeal the city’s decision before filing the lawsuit, which is often a last resort to compel municipalities to turn over public records.
“I suspect there was because we typically don’t just jump to sue municipalities when there’s a way to work it out informally, because it’s just easier for everybody if there can just be an agreement,” he said.
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Filers can appeal by submitting a request for review to the attorney general’s office public access counselor if a request is denied, or if no reply is received within the mandatory five-day response time. The process is free and requires sending a letter, a copy of the original FOIA request and any communication with the public body. Although, filers have said it often takes a long time to hear back on these requests for help.