E-Notice

2016-CH-01445
CALENDAR: 05
To: Matthew Vincent Topic
matt@loevy.com

NOTICE OF ELECTRONIC FILING

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
JASON TOMPKINS vs. INDEPENDENT POLICE REVIEW AUTH
2016-CH-01445
The transmission was received on 02/02/2016 at 6:03 AM and was ACCEPTED with
the Clerk of the Circuit Court of Cook County on 02/02/2016 at 8:36 AM.
CHANCERY_ACTION_COVER_SHEET (CHANCERY DIVISION)
COMPLAINT
Filer's Email:
Filer's Fax:
Notice Date:
Total Pages:

matt@loevy.com
(312) 243-5902
2/2/2016 8:36:45 AM
9

DOROTHY BROWN
CLERK OF THE CIRCUIT COURT
COOK COUNTY
RICHARD J. DALEY CENTER, ROOM 1001
CHICAGO, IL 60602
(312) 603-5031
courtclerk@cookcountycourt.com

Chancery Division Civil Cover Sheet - General Chancery Section

(Rev. 6/15/09) CCCH 0623

IN THE CIRCUIT CIVIL COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, COUNTY DIVISION

JASON TOMPKINS
Plantiff

v.

INDEPENDENT POLICE REVIEW AUTH

Defendant

No.

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
CALENDAR: 05
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
CHANCERY DIVISION
CLERK DOROTHY BROWN

CHANCERY DIVISION CIVIL COVER SHEET

GENERAL CHANCERY SECTION
A Chancery Division Civil Cover Sheet - General Chancery Section shall be filed with the initial complaint
in all actions filed in the General Chancery Section of Chancery Division. The information contained herein is for
administrative purposes only. Please check the line in front of the appropriate category which best characterizes
your action being filed.

0005
0001
0002
0004

Administrative Review
Class Action
Declaratory Judgment
Injunction

0007
0010
0011
0012
0013
0014
0015
0016
0017
0018

General Chancery
Accounting
Arbitration
Certiorari
Dissolution of Corporation
Dissolution of Partnership
Equitable Lien
Interpleader
Mandamus
Ne Exeat

0019
0020
0021
0022
0023
0024
0025
0026
0027
0085

Partition
Quiet Title
Quo Warranto
Redemption Rights
Reformation of a Contract
Rescission of a Contract
Specific Performance
Trust Construction
Foreign Transcript
Petition to Register Foreign Judgment
Other (specify)

By: /s MATTHEW VINCENT TOPIC

Attorney
Atty. No.: 41295
Name: LOEVY & LOEVY
Atty. for: JASON TOMPKINS
Address: 312N MAY 100
City/State/Zip: CHICAGO, IL 60607
Telephone: (312) 243-5900
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Pro Se

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
CALENDAR: 05
PAGE 1 of 8
CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHANCERY DIVISION
COUNTY DEPARTMENT, CHANCERY DIVISION
CLERK DOROTHY BROWN
JASON TOMPKINS,
Plaintiff,
v.
INDEPENDENT POLICE REVIEW
AUTHORITY
Defendant.

)
)
)
)
)
)
)
)
)
)
COMPLAINT

NOW COMES Plaintiff, JASON TOMPKINS, by his undersigned attorneys, LOEVY &
LOEVY, and brings this Freedom of Information Act suit to require Defendant INDEPENDENT
POLICE REVIEW AUTHORITY to produce investigative records regarding Chicago Police
detective Dante Servin, which IPRA unfathomably contends are of insufficient public interest to
justify the two weeks of work allegedly involved in producing the records.
INTRODUCTION
1.

Pursuant to the fundamental philosophy of the American constitutional form of

government, it is the public policy of the State of Illinois that all persons are entitled to full and
complete information regarding the affairs of government and the official acts and policies of
those who represent them as public officials and public employees consistent with the terms of
the Illinois Freedom of Information Act (FOIA). 5 ILCS 140/1.
2.

All public records of a public body are presumed to be open to inspection or

copying. Any public body that asserts that a record is exempt from disclosure has the burden of
proving by clear and convincing evidence that it is exempt. 5 ILCS 140/1.2.

3.

A public body may only assert that a request is unduly burdensome if the burden

outweighs the public interest in disclosure.

PARTIES
4.

Plaintiff TOMPKINS is a community organizer and the FOIA requester in this

5.

Defendant INDEPENDENT POLICE REVIEW AUTHORITY is a public body

case.

located in Cook County, Illinois.

TOMPKINS FOIA REQUESTS AND IPRAS DENIAL
6.

On November 24, 2015, TOMPKINS requested from IPRA under FOIA various

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 2 of 8

records related to Detective Dante Servin.

7.

In March 2012, Servin shot and killed Rekia Boyd.

8.

In April 2015, Servin was acquitted because the evidence showed an intentional

shooting but the States Attorney charged Servin with a lesser recklessness crime.
9.

In September 2015, three and a half years after the shooting took place, and many

months after the criminal trial ended, IPRA finally recommended that Servin be fired. During
that time, the taxpayers continued to pay Servins salary of over $90,000 per year.
10.

In addition to the Boyd shooting, there have been at least eight other complaints

of misconduct by Servin.
11.

On December 7, 2015, after taking the maximum allowed extension of time to

respond under FOIA absent an agreement from the requester (which IPRA never sought), IPRA
denied the requests on the basis of (1) Judge Flynns injunction order purporting to prohibit the
disclosure of CPD disciplinary records more than four years old, and (2) undue burden as to the
more recent records. A true and correct copy of the denial is attached as Exhibit A.
-2-

12.

TOMPKINS does not challenge, at this time, the denial as to records more than

four years old. The remainder of this Complaint, in referring to the requests, is directed to
records not more than four years old.
13.

In its denial letter, IPRA claimed that it would take 60 hours to comply with the

requests, and completely ignored the public interest in disclosure of the requested records.
14.

There is a tremendous public interest in the public understanding whether IPRA

has been doing its job properly in investigating officers.

15.

There is a tremendous public interest in knowing whether IPRA should have

previously disciplined Servin.

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 3 of 8

16.

Some believe that IPRA deliberately delays investigations and otherwise engages

in a practice of ignoring bad behavior by police officers.

17.

Only by seeing information about IPRA investigations can the public hold IPRA

accountable.
18.

The public interest in disclosure of IPRA records is particularly acute where, as in

the case of Servin, an officer kills someone in a bad shooting. In such circumstances, the public
has every right to question why IPRA failed to discipline the officer sooner with regard to that
offense or earlier offenses.
19.

Assuming that IPRA is correct and that it would take 60 hours to comply with the

request, the request could have been complied with by one person working full time for less than
two weeks.
20.

The publics interest in seeing IPRAs files regarding Dante Servin is worth at

least two weeks of full-time work by a single person.

-3-

21.

The City of Chicago frequently hires outside counsel to fight FOIA lawsuits at a

rate of up to $295 per hour for senior attorneys.

22.

Applying a rate of $295 per hour to the 60 hours IPRA claims it would take to

comply with the request, IPRA could have complied with the request at a cost of less than
$18,000.
23.

The value to the public of transparency into IPRAs handling of complaints

against Dante Servin is more than $18,000.

24.

The head of IPRA, Sharon Fairley, has publicly stated that failure is just not an

option when it comes to IPRA.

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 4 of 8

25.

IPRA will fail unless it is transparent with the public about its handling of

complaints about officer misconduct, especially when that misconduct results in a loss of life.
26.

Ms. Fairley has public stated that IPRA has had issues with completing their

investigations in a timely manner.

27.

Unless there is transparency and public scrutiny into specific IPRA investigations,

IPRA will continue to have issues with completing its investigations in a timely manner.
28.

Ms. Fairley has publicly stated that she is trying to rebuild confidence in IPRA.

29.

There will be no public confidence in IPRA if it withholds records that would take

60 hours to produce, especially as to an officer who took a life.

30.

According to the IPRA website, It is IPRAs mission to build trust in IPRA, the

Police disciplinary process, and ultimately the Chicago Police Department as a whole through
thorough, fair, and timely investigations and increased transparency.

-4-

31.

Withholding records about Dante Servin because it would take 60 hours to

produce them is contrary to IPRAs self-professed mission. The public therefore has a further
interest in obtaining the these records to determine whether IPRAs self-professed mission is
real.

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 5 of 8

COUNT I VIOLATIONS OF FOIA

32.

The above paragraphs are incorporated by reference.

33.

IPRA is a public body under FOIA.

34.

The requested records are public records of IPRA.

35.

IPRA violated FOIA by failing to produce the requested records.

36.

IPRA has willfully and intentionally violated FOIA by making the implausible

and frivolous claim that release of records regarding Dante Servin is of insufficient value to the
public to justify 60 hours of work.
37.

Upon information and belief, due to the implausibility of IPRAs claims, IPRA is

deliberately hiding the Servin files because they will lead to embarrassment of IPRA.
WHEREFORE, TOMPKINS asks that the Court:
i.

in accordance with FOIA Section 11(f), afford this case precedence on the Courts
docket except as to causes the Court considers to be of greater importance, assign
this case for hearing and trial at the earliest practicable date, and expedite this
case in every way;

ii.

declare that IPRA has violated FOIA;

iii.

order IPRA to produce the requested records redacting only the material that is
exempt;

iv.

enjoin IPRA from withholding non-exempt public records under FOIA;

-5-

v.

order IPRA to pay civil penalties;

vi.

award TOMPKINS reasonable attorneys fees and costs;

vii.

award such other relief the Court considers appropriate.

RESPECTFULLY SUBMITTED,
/s/ Matthew V. Topic
____________________________

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 6 of 8

Attorneys for Plaintiff

JASON TOMPKINS
Matthew Topic
LOEVY & LOEVY
312 North May St., Suite 100
Chicago, IL 60607
312-243-5900
matt@loevy.com
Atty. No. 41295

-6-

EXHIBIT A

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 7 of 8

ELECTRONICALLY FILED
2/2/2016 8:30 AM
2016-CH-01445
PAGE 8 of 8

2120 - Served
2220 - Not Served
2320 - Served By Mail
2420 - Served By Publication

2121 - Served
2221 - Not Served
2321 - Served By Mail
2421 - Served By Publication
(2/18/11) CCG N001

ALIAS - SUMMONS

SUMMONS

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

CHANCERY
COUNTY DEPARTMENT,
DIVISION

No. 2016-CH-01445
JASON TOMPKINS;
(Name all parties)
v.

Defendant Address:
INDEPENDENT POLICE REVIEW AUTH
1615 W. CHICAGO AVENUE, 4TH FLOOR
CHICAGO, IL 60622

INDEPENDENT POLICE REVIEW AUTH

Summons
To each Defendant:

ALIAS - SUMMONS

SUMMONS

YOU ARE SUMMONED and required to file an answer to the complaint in this case, a copy of which is
hereto attached, or otherwise file your appearance, and pay the required fee, in the Office of the Clerk of this Court at the
following location:
Richard J. Daley Center, 50 W. Washington, Room

802

,Chicago, Illinois 60602

District 2 - Skokie
5600 Old Orchard Rd.
Skokie, IL 60077

District 3 - Rolling Meadows

2121 Euclid
Rolling Meadows, IL 60008

District 4 - Maywood
1500 Maybrook Ave.
Maywood, IL 60153

District 5 - Bridgeview
10220 S. 76th Ave.
Bridgeview, IL 60455

District 6 - Markham
16501 S. Kedzie Pkwy.
Markham, IL 60426

Child Support
28 North Clark St., Room 200
Chicago, Illinois 60602

You must file within 30 days after service of this Summons, not counting the day of service.
IF YOU FAIL TO DO SO, A JUDGMENT BY DEFAULT MAY BE ENTERED AGAINST YOU FOR THE RELIEF
REQUESTED IN THE COMPLAINT.
To the officer:
This Summons must be returned by the officer or other person to whom it was given for service, with endorsement
of service and fees, if any, immediately after service. If service cannot be made, this Summons shall be returned so endorsed.
This Summons may not be served later than 30 days after its date.
41295
Atty. No.:__________________

Tuesday, 02 February
2016
WITNESS, __________________________, ____________

LOEVY & LOEVY

Name: ________________________________________________
JASON TOMPKINS
Atty. for: ______________________________________________
312N MAY 100
Address: ______________________________________________
CHICAGO, IL 60607
City/State/Zip: __________________________________________
(312) 243-5900
Telephone: _____________________________________________

/s DOROTHY BROWN
_____________________________________________
Clerk of Court
Date of service: _______________________, __________
(To be inserted by officer on copy left with defendant
or other person)

Service by Facsimile Transmission will be accepted at: ________________________________________________________________

(Area Code)
(Facsimile Telephone Number)

/s DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

Chancery DIVISION
Litigant List
Printed on 02/02/2016
Case Number: 2016-CH-01445

Page 1 of 1

Plaintiffs
Plaintiffs Name

Plaintiffs Address

State Zip

Unit #

JASON TOMPKINS

Total Plaintiffs: 1

Defendants
Defendant Name

Defendant Address

State

INDEPENDENT POLICE
REVIEW AUTH

1615 W. CHICAGO AVENUE, 4TH

FLOOR CHICAGO,

IL

Unit #
60622

Service By
Sheriff-Clerk

Total Defendants: 1