Case: 1:11-cv-01722 Document
Page 2 of 3 PagelD #:201
• Attorney General Madigan lacks the authority
initiate aprosecution under the Act.
the prosecution activities
the 102 States' Attorneys," and"lacksthepower
take exclusive charge
those cases overwhich the State's Attorney shares authority."
Mich. Ave. Assoc.,Ltd.
433 F.3d 961, 964
401 N.E.2d 546, 549 (Ill. 1980). Because the Act doesnot give enforcement authority
the Attorney General, at most she can"assist" the States' Attorneys in prosecutions under the Act.
ILCS 205/4. Here, the Lake County State's Attorney hasrepresented that he will not prosecute plaintiff under the Act.
• Attorney General Madigan represents that she
not prosecuteplaintiff under the Act.
Attorney General Madigan will not prosecuteplaintiff under the Act; nor will she assist in any prosecution
plaintiffunder the Act. Attorney General Madigan made this representation at theDecember 19, 2011 oral argument, and repeats it here.Thisposition hasbeen reinforced by the Seventh Circuit's recent decision in
Like plaintiff here, the ACLU has challenged the Act insofar
recording police officers performing their official duties inpublic. The Seventh Circuit concluded that the ACLU has a "stronglikelihood
success on the merits" and instructed the district court
entera preliminary injunction preventing the State's Attorneyfromapplying the Act against the ACLU.
• Attorney General Madigan withdrew her appeal
The Circuit Courts for Crawford County andCookCounty, Illinois haveheld that the Act
policeofficers.The Attorney General intervened in the Crawford County case,
but has withdrawn her appeal.
Accordingly, this Court should grant Attorney General Madigan's motion
dismiss on Eleventh Amendment grounds because there
no credible threat that shewill enforce the Act against plainti
Attorney General Madigan reserves the right to fileaseparatemotion to dismiss based on the mootness doctrine.
F.3d 485, 490-92
F.2d 1358, 1365-66