IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT

WILL COUNTY, ILLINOIS

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)
SADIE MITCHELL and )
RHONDA WELLS, )
)
Plaintiffs, )
) No.
v. )
)
WILL COUNTY SHERIFF’S OFFICE, )
WILL COUNTY SHERIFF MIKE )
KELLEY, in his official capacity, )
WILL COUNTY CORONER’S )
OFFICE, and WILL COUNTY )
CORONER LAURIE H. SUMMERS, )
in her official capacity, )
)
Defendants. )
)
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COMPLAINT

Plaintiffs, SADIE MITCHELL and RHONDA WELLS, by and through their

attorneys, Barney & Hourihane, LLP, bring this suit under the Freedom of

Information Act against Defendants WILL COUNTY SHERIFF’S OFFICE, WILL

COUNTY SHERIFF MIKE KELLEY, in his official capacity, WILL COUNTY

CORONER’S OFFICE, and WILL COUNTY CORONER LAURIE H. SUMMERS, in

her official capacity, (collectively “Defendants”) seeking a declaratory judgment and

injunctive relief.

PARTIES

1. Plaintiff SADIE MITCHELL is a resident of Peoria County, Illinois,

 and made the Freedom of Information Act (“FOIA”) requests in this case, which are

attached to this Complaint in Group Exhibits A and C.

2. Plaintiff RHONDA WELLS is a resident of Will County, Illinois, and

was a co-requestor on the FOIA requests made in this case.

3. Defendant WILL COUNTY SHERIFF’S OFFICE (“WCSO”) is a public

body located in Will County, Illinois.

4. Defendant WILL COUNTY SHERIFF MIKE KELLEY (“Defendant

Kelley”) is an independently elected county officer, namely the Sheriff of Will

County, and agent and executive of WCSO. He is being sued in his official capacity.

As such, he is public body located in Will County, Illinois.

5. Defendant WILL COUNTY CORONER’S OFFICE (“WCCO” or

“Coroner’s Office”) is a public body located in Will County, Illinois.

6. Defendant WILL COUNTY CORONER LAURIE H. SUMMERS

(“Defendant Summers”) is an independently elected county officer, namely the

Coroner of Will County, and agent and executive of the WCCO. She is being sued in

her official capacity. As such, she is a public body located in Will County, Illinois.

LEGAL BACKGROUND

7. 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 FOIA. 5 ILCS 140/1.

 8. Restraints on access to information, to the extent permitted by FOIA,

are limited exceptions to the principle that the people of this State have a right to

full disclosure of information relating to the decisions, policies, procedures, rules,

standards, and other aspects of government activity that affect the conduct of

government and the lives of the people. 5 ILCS 140/1.

9. Under FOIA Section 1.2, “[a]ll records in the custody or possession 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.

FACTUAL BACKGROUND

10. Plaintiff Sadie Mitchell is the sister of and executor of the estate of

Eldred Wells, Sr., now deceased.

11. Plaintiff Rhonda Wells is the daughter of Eldred Wells, Sr., and

mother of Jabbar Muhammad, now deceased.

12. On November 6, 2021, Jabbar Muhammad and Eldred Wells, Sr. were

killed in Joliet, Illinois in a police-involved shooting involving deputies of WCSO.

13. Jabbar was shot approximately 10 or more times by deputies of WCSO,

including multiple times in the face. He died as a result.

14. Eldred Sr. was also shot multiple times by deputies of WCSO,

including once in the back. Eldred Sr. also died.

15. The Coroner’s Office has declared the manner of death of both Jabbar

and Eldred, Sr. as “homicide.”

 16. In the aftermath of the shooting, agents of WCSO reported to news

media that Jabbar was shot and killed while fatally stabbing his grandfather,

Eldred Sr. No information relating to Eldred, Sr. being shot by WCSO deputies was

disclosed. It was also not disclosed that Jabbar was shot in the face multiple times.

17. The deputies of WCSO who were involved in the shooting were

wearing activated officer-worn body cameras at the time the shooting took place.

18. The officer-worn body cameras recorded the shooting and,

consequently, the deaths of Jabbar and Eldred, Sr.

19. Just after the shooting took place, the investigation into the deaths of

Jabbar Muhammad and Eldred Wells, Sr. was turned over to the Will/Grundy

Major Crimes Task Force, an entity separate from Defendants.

20. In November and December of 2021, both the lead investigator on the

Task Force and the commander of the Task Force informed Plaintiffs, through

Plaintiff’s counsel, that they did not believe showing the body camera video to the

family of Jabbar and Eldred, Sr. would obstruct or interfere with their

investigation.

21. In early December of 2021, the Task Force completed its witness

interviews in this matter and turned its investigative materials over to the Will

County State’s Attorney’s Office.

22. Nevertheless, 5 months on from the incident, neither the family of

Jabbar and Eldred Sr. nor any representative of the family has been given the

opportunity to view the body camera videos despite repeated requests.

 FOIA Request to Sheriff’s Office

23. Accordingly, on February 28, 2022, Plaintiffs submitted a request for

public records pursuant to the Illinois Freedom of Information Act seeking

disclosure of the aforementioned body camera videos so that they, and the public,

may know the truth about the death of their loved ones.

24. Specifically, Plaintiffs sought the following records in their request:

All law enforcement officer-worn body camera video

related to the police-involved shooting occurring on
November 6, 2021, at 300 Middletree Road, Joliet, IL, at
approximately 4:05 p.m., involving the individuals Jabbar
Muhammad and Eldred Wells, Sr.

25. Attached to the FOIA request were authorizations from Plaintiffs

identifying themselves as legal representatives of Jabbar Muhammad and Eldred

Wells, Sr., and giving authorization to release the body camera videos. The FOIA

request and the authorizations are attached to this Complaint as Group Exhibit A.

26. On March 4, 2022, Defendants WCSO and Kelley denied Plaintiffs’

FOIA request in its entirety, asserting the following:

Your request is denied for the following reasons: 5 ILCS

140/7(1)(d)(vii) Obstruct an ongoing criminal investigation
by the agency that is the recipient of the request. Also, 5
ILCS 140/7-1(i) [sic] interfere with pending or actually
and reasonably contemplated law enforcement
proceedings conducted by any law enforcement or
correctional agency that is the recipient of the request.

The Will County State’s Attorney is reviewing this case.

This is an open case and active case while being reviewed.
The release of the requested documents could jeopardize
the integrity of the investigative process.

 Defendants denial is attached to this Complaint as Exhibit B.

27. Defendants WCSO and Kelley’s denial of Plaintiffs’ FOIA request lacks

the detailed factual basis necessary to invoke an exemption under Sections 7(1)(d)(i)

& (vii) of FOIA.

28. Defendants WCSO and Kelley are not conducting any criminal

investigation into the deaths of Jabbar and Eldred, Sr., and there are no actually or

reasonably contemplated law enforcement proceedings being conducted by

Defendants WCSO and Kelley.

29. Disclosure of the body camera videos requested by Plaintiffs would not

obstruct an ongoing criminal investigation.

30. Disclosure of the body camera videos requested by Plaintiffs would not

interfere with any pending or reasonably contemplated law enforcement

proceedings.

FOIA Request to Coroner’s Office

31. In another effort to piece together the final moments of their loved

ones’ lives, Plaintiffs sought records from the WCCO and Defendant Summers,

hoping to learn the cause of death for both Jabbar and Eldred, Sr., as well as other

relevant information.

32. On March 16, 2022, Plaintiffs submitted a request for public records to

Defendants WCCO and Summers seeking the following records: “any and all

reports, including autopsy reports, toxicology reports, and investigative reports, for

the following deceased individuals: Jabbar Muhammad (DOB: 10/8/2000); Eldred

 Wells, Sr. (DOB: 3/1/1951).”

33. Attached to the request to Defendants WCCO and Summers were

authorizations from Plaintiffs identifying themselves as legal representatives of

Jabbar Muhammad and Eldred Wells, Sr., and giving authorization to release the

records. The FOIA request and the authorizations are attached to this Complaint as

Group Exhibit C.

34. On March 16, 2022, Defendants WCCO and Summers denied

Plaintiff’s request for documents in its entirety, asserting the following:

Please be advised that the Will County Coroner’s Office is

denying your request at this time pursuant to 5 ILCS
140/7(1)(d)(i) and (iii) of the Act which exempt from
“records in the possession of any public body created in
the course of administrative enforcement proceedings,
and any law enforcement or correctional agency for law
enforcement purposes, but only to the extent that
disclosure would: interfere with a pending or actual and
reasonably contemplated law enforcement proceeding
conducted by law enforcement or correctional agency that
is the recipient of the request; create a likelihood that a
person will be deprived of a fair or an impartial hearing.”

Defendants denial is attached to this Complaint as Exhibit D.

35. Defendants WCCO and Summers’s denial of Plaintiffs’ request lack the

detailed factual basis necessary to invoke an exemption under Sections 7(1)(d)(i) &

(iii) of FOIA.

36. Further, Defendants are not conducting any criminal investigation into

the deaths of Jabbar and Eldred, Sr., and there are no actually or reasonably

contemplated law enforcement proceedings being conducted by Defendants.

 37. Disclosure of the records held by WCCO and Defendant Summers

would not obstruct any ongoing criminal investigation.

38. Disclosure of the records held by WCCO and Defendant Summers

would not interfere with any pending or reasonably contemplated law enforcement

proceedings.

39. Disclosure of the records held by WCCO and Defendant Summers

would not create a substantial likelihood that a person will be deprived of a fair

trial or an impartial hearing.

COUNT I
Failure to Produce Records – Feb. 28, 2022 Request
(Defendants WCSO and Kelley)

40. Plaintiff re-alleges each of the preceding paragraphs as if fully restated

herein.

41. Defendants WCSO and Kelley are public bodies under FOIA.

42. The public records withheld in response to Plaintiffs’ FOIA request are

public records of Defendants WCSO and Kelley, and which Defendants WCSO and

Kelley are currently in possession of.

43. Defendants WCSO and Kelley have not provided a detailed factual

basis that has proved by clear and convincing evidence that the withheld records

are exempt from disclosure under FOIA.

44. Defendants WCSO and Kelley violated FOIA by failing to produce the

requested records.

 COUNT II
Willful and Intentional Violation of FOIA
(Defendants WCSO and Kelley)

45. Plaintiff re-alleges each of the preceding paragraphs as if fully restated

herein.

46. Defendants WCSO and Kelley willfully and intentionally, or otherwise

in bad faith, failed to comply with FOIA by asserting exemptions that clearly do not

apply.

COUNT III
Failure to Produce Records – March 16, 2022 Request
(Defendants WCCO and Summers)

47. Plaintiff re-alleges each of the preceding paragraphs as if fully restated

herein.

48. Defendants WCCO and Summers are public bodies under FOIA.

49. The public records withheld in response to Plaintiffs’ FOIA request are

public records of Defendants WCCO and Summers, and which Defendants WCCO

and Summers are currently in possession of.

50. Defendants WCCO and Summers have not provided a detailed factual

basis that has proved by clear and convincing evidence that the withheld records

are exempt from disclosure under FOIA.

51. Defendants WCCO and Summers violated FOIA by failing to produce

the requested records.

 COUNT IV
Willful and Intentional Violation of FOIA
(Defendants WCCO and Summers)

52. Plaintiff re-alleges each of the preceding paragraphs as if fully restated

herein.

53. Defendants WCCO and Summers willfully and intentionally, or

otherwise in bad faith, failed to comply with FOIA by asserting exemptions that

clearly do not apply.

RELIEF REQUESTED

WHEREFORE, for the foregoing reasons, Plaintiffs respectfully requests

that this Court:

a. in accordance with FOIA Section 11(h), afford this case precedence on

the Court’s 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;

b. declare that Defendants have violated FOIA;

c. order Defendants to produce the requested records, redacting only the

material that is truly exempt;

d. enjoin Defendants from withholding non-exempt public records under

FOIA;

e. order the Defendants to pay civil penalties;

f. award Plaintiffs reasonable attorneys’ fees and costs; and

g. award such other relief as the Court considers appropriate.

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 Respectfully submitted,

s/ Ian M. Barney

IAN M. BARNEY (ARDC# 6305424)

Barney & Hourihane, LLP
874 Green Bay Road, Suite 320
Winnetka, Illinois 60093
Tel: (312) 854-0906
E: ian@barneyhourihane.com

Counsel for Plaintiffs

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