Case: ACLU of Illinois v. Alvarez

1:10-cv-05235 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 19, 2010

Clearinghouse coding complete

Case Summary

On August 19, 2010, the ACLU of Illinois filed a lawsuit in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Cook County State's Attorney. The ACLU, represented by its own attorneys and private counsel, sought declaratory and injunctive relief, alleging that the Illinois Eavesdropping Act violated the First Amendment of the United States Constitution.The Illinois Eavesdropping Act criminalized n…

On August 19, 2010, the ACLU of Illinois filed a lawsuit in the U.S. District Court for the Northern District of Illinois, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Cook County State's Attorney. The ACLU, represented by its own attorneys and private counsel, sought declaratory and injunctive relief, alleging that the Illinois Eavesdropping Act violated the First Amendment of the United States Constitution.

The Illinois Eavesdropping Act criminalized non-consensual audio recording of oral communication of others. The ACLU intended to record police officers performing their duties in public without their consent and make the recordings available to the general public. Due to its fear of prosecution under the Act, the ACLU sought to challenge the statute and this started the lawsuit.

On October 28, 2010, the District Court (Judge Suzanne B. Conlon) granted the State's Attorney's motion to dismiss the lawsuit for lack of standing. ACLU of Illinois v. Alvarez, 2010 WL 4386868 (N.D. Ill. 2010). The Court denied the ACLU's motion to alter the judgment and to amend the complaint on January 10, 2011. ACLU of Illinois v. Alvarez, 2011 WL 66030 (N.D. Ill. 2011). Judge Conlon held that the ACLU suffered no First Amendment injury, reasoning that the First Amendment did not protect its right to audio record unwilling speakers. The ACLU appealed the decision to the Seventh Circuit.

On May 8, 2012, the Seventh Circuit Court (Diane S. Sykes) reversed the lower court's judgment and remanded the case. ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012). The appeals court ordered the district court to allow the amended complaint and to issue a preliminary injunction preventing the State's Attorney's prosecution of the ACLU under the Act. Judge Sykes explained that the lower court abused its discretion in its ruling regarding the ACLU's standing. The Court of Appeals found that audio recording was entitled to First Amendment protection, and that the willingness of the speakers was irrelevant to the standing issue.

Regarding the ACLU's First Amendment claim, the Seventh Circuit found that the First Amendment interests were strong in this case and that a heightened scrutiny applied. The Act burdened directly the speech and press rights under the First Amendment, and was not closely tailored to the government's interest in protecting conversational privacy. Judge Richard A. Posner dissented, focusing on the importance of privacy, especially that of the civilians interacting with police officers in public. (The State sought Supreme Court review, but its certiorari petition was denied on November 26, 2012.)

On remand, the case was reassigned to Judge Sharon J. Coleman. On July 6, 2012, Judge Coleman issued a preliminary injunction according to the appellate court's order. The ACLU filed its amended complaint on July 10, 2012. On December 18, 2012, the District Court granted summary judgment to the ACLU for reasons set forth in the appellate opinion. ACLU of Illinois v. Alvarez, 2012 WL 6680341 (N.D. Ill. 2012). Judge Coleman further ordered a permanent injunction in favor of the ACLU on January 14, 2013, which prohibited the State's Attorney from prosecuting the ACLU for its audio recording of on-duty police officers without their consent in public. On March 5, 2013, Judge Coleman ordered the State's Attorney to pay the ACLU in sum of $645,549 for attorneys' fees and litigation costs. This ended the case.

Summary Authors

Emma Bao (6/20/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4259645/parties/the-american-civil-liberties-union-of-illinois-v-alvarez/


Judge(s)

Coleman, Sharon Johnson (Illinois)

Conlon, Suzanne B. (Illinois)

Hamilton, David Frank (Indiana)

Posner, Richard Allen (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Castiglione, Paul Anthony (Illinois)

Friedlieb, Linda Robin (Illinois)

Grossman, Harvey (Illinois)

Leighton, Robert Douglas (Illinois)

O'Brien, Richard J. (Illinois)

Judge(s)

Coleman, Sharon Johnson (Illinois)

Conlon, Suzanne B. (Illinois)

Hamilton, David Frank (Indiana)

Posner, Richard Allen (Illinois)

Sykes, Diane S. (Wisconsin)

Attorneys(s) for Plaintiff

Castiglione, Paul Anthony (Illinois)

Friedlieb, Linda Robin (Illinois)

Grossman, Harvey (Illinois)

Leighton, Robert Douglas (Illinois)

O'Brien, Richard J. (Illinois)

Schwartz, Adam D. (Illinois)

Sheley, Karen A (Illinois)

Taksin, Matthew D (Illinois)

Attorneys(s) for Defendant

Driscoll, Patrick T. Jr. (Illinois)

McCutchan, Jeffrey S. (Illinois)

Pechous, Donald J. (Illinois)

Pullos, James Charles (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

March 5, 2013 Docket
1

Complaint

Aug. 19, 2010 Complaint
34

Judgment [Dismissing case with prejudice]

Oct. 28, 2010 Order/Opinion
33

Memorandum Opinion and Order [Defendant's motion to dismiss granted]

2010 WL 4386868

Oct. 28, 2010 Order/Opinion
36

ACLU'S Memorandum in Support of its Motion to Amend Judgment, to File an Amended Complaint, and for a Preliminary Injunction

Nov. 18, 2010 Pleading / Motion / Brief
42

Memorandum Opinion and Order [Plaintiff's motion to alter judgment and amend complaint denied]

2011 WL 66030

Jan. 10, 2011 Order/Opinion
45

Opinion [Judgment of the District Court reversed and case remanded, USCA 11-1286]

U. S. Court of Appeals for the Seventh Circuit

679 F.3d 583

May 8, 2012 Order/Opinion
55

USCA Order [Denying petition for rehearing and petition for rehearing en banc]

U. S. Court of Appeals for the Seventh Circuit

June 14, 2012 Order/Opinion
65

Preliminary Injunction and Other Relief

July 6, 2012 Order/Opinion
66

Amended Complaint

July 10, 2012 Complaint

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4259645/the-american-civil-liberties-union-of-illinois-v-alvarez/

Last updated May 29, 2022, 3:25 a.m.

ECF Number Description Date Link
1

COMPLAINT filed by American Civil Liberties Union of Illinois; Filing fee $ 350, receipt number 0752-5133594.(Schwartz, Adam) (Entered: 08/19/2010)

Aug. 19, 2010 RECAP
2

CIVIL Cover Sheet (Schwartz, Adam) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
3

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Adam D. Schwartz (Schwartz, Adam) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
4

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Harvey Michael Grossman (Grossman, Harvey) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
5

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Karen A. Sheley (Sheley, Karen) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
6

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Richard J. O'Brien (O'Brien, Richard) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
7

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Linda Robin Friedlieb (Friedlieb, Linda) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
8

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Matthew D Taksin (Taksin, Matthew) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
9

SUMMONS Returned Executed by American Civil Liberties Union of Illinois as to Anita Alvarez on 8/19/2010, answer due 9/9/2010. (Schwartz, Adam) (Entered: 08/19/2010)

Aug. 19, 2010 PACER
10

MINUTE entry before Honorable Suzanne B. Conlon: Status hearing set for October 13, 2010 at 09:00 A.M. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the courts action herein and to forward a copy of the courts procedure guidelines to defendant(s). The standing order on case management procedures is available on the courts website at www.ilnd.uscourts.gov/JUDGE/CONLON/sbcpage.htm or can be picked up from the courtroom deputy in room 1744. Mailed notice(air, ) (Entered: 08/23/2010)

Aug. 23, 2010 PACER
11

ATTORNEY Appearance for Defendant Anita Alvarez by James Charles Pullos (Pullos, James) (Entered: 08/27/2010)

Aug. 27, 2010 PACER
12

ATTORNEY Appearance for Defendant Anita Alvarez by Patrick T. Driscoll, Jr (Driscoll, Patrick) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
13

ATTORNEY Appearance for Defendant Anita Alvarez by Paul Anthony Castiglione (Castiglione, Paul) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
14

ATTORNEY Appearance for Defendant Anita Alvarez by Donald J. Pechous (Pechous, Donald) (Entered: 08/30/2010)

Aug. 30, 2010 PACER
15

ATTORNEY Appearance for Defendant Anita Alvarez by Jeffrey S. McCutchan (McCutchan, Jeffrey) (Entered: 08/31/2010)

Aug. 31, 2010 PACER
16

MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction (O'Brien, Richard) (Entered: 09/03/2010)

Sept. 3, 2010 RECAP
17

NOTICE of Motion by Richard J. O'Brien for presentment of motion for preliminary injunction 16 before Honorable Suzanne B. Conlon on 9/9/2010 at 09:00 AM. (O'Brien, Richard) (Entered: 09/03/2010)

Sept. 3, 2010 PACER
18

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion for preliminary injunction 16 (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C-1, # 4 Exhibit Ex. C-2, # 5 Exhibit Ex. C, # 6 Exhibit Ex. D, # 7 Exhibit Ex. E)(O'Brien, Richard) (Entered: 09/03/2010)

1 Exhibit Ex. A

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2 Exhibit Ex. B

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3 Exhibit Ex. C-1

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4 Exhibit Ex. C-2

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5 Exhibit Ex. C

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6 Exhibit Ex. D

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7 Exhibit Ex. E

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Sept. 3, 2010 RECAP
19

MOTION by Defendant Anita Alvarez to dismiss (Pullos, James) (Entered: 09/09/2010)

Sept. 9, 2010 RECAP
20

NOTICE of Motion by James Charles Pullos for presentment of motion to dismiss 19 before Honorable Suzanne B. Conlon on 9/16/2010 at 09:00 AM. (Pullos, James) (Entered: 09/09/2010)

Sept. 9, 2010 PACER
21

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion for a preliminary injunction 16 is taken under advisement. Defendant's response due September 29, 2010. Plaintiff's reply due by October 6, 2010. Mailed notice(air, ) (Entered: 09/13/2010)

Sept. 9, 2010 PACER
22

MINUTE entry before Honorable Suzanne B. Conlon: Motion to dismiss the plaintiff's complaint 19 is taken under advisement. Defendant's response due by October 6, 2010; plaintiff shall reply by October 13, 2010. Mailed notice(air, ) (Entered: 09/21/2010)

Sept. 16, 2010 PACER
23

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction 16 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 09/29/2010)

1 Notice of Filing

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Sept. 29, 2010 RECAP
24

MOTION by Plaintiff American Civil Liberties Union of Illinoisto file a Consolidated Brief (unopposed) (Grossman, Harvey) (Entered: 09/30/2010)

Sept. 30, 2010 PACER
25

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for miscellaneous relief 24 before Honorable Suzanne B. Conlon on 10/5/2010 at 09:00 AM. (Grossman, Harvey) (Entered: 09/30/2010)

Sept. 30, 2010 PACER
29

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's unopposed motion to file consolidated brief not exceeding 30 pages 24 is granted. Mailed notice(air, ) (Entered: 10/08/2010)

Oct. 5, 2010 PACER
26

RESPONSE by American Civil Liberties Union of Illinoisin Opposition to MOTION by Defendant Anita Alvarez to dismiss 19 and Reply in Support of Motion for Preliminary Injunction [Dock. 16] (Attachments: # 1 Exhibit Ex. F, # 2 Exhibit Ex. G, # 3 Exhibit Ex. H, # 4 Exhibit Ex. I, # 5 Exhibit Ex. J, # 6 Exhibit Ex. K, # 7 Exhibit Ex. L, # 8 Exhibit Ex. M, # 9 Exhibit Ex. N, # 10 Exhibit Ex. O)(O'Brien, Richard) (Entered: 10/06/2010)

1 Exhibit Ex. F

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2 Exhibit Ex. G

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3 Exhibit Ex. H

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4 Exhibit Ex. I

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5 Exhibit Ex. J

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6 Exhibit Ex. K

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7 Exhibit Ex. L

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8 Exhibit Ex. M

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9 Exhibit Ex. N

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10 Exhibit Ex. O

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Oct. 6, 2010 RECAP
27

MOTION by Plaintiff American Civil Liberties Union of Illinois to File Supplemental Exhibit to Its Combined Reply Regarding Preliminary Injunction and Dismissal (Grossman, Harvey) (Entered: 10/07/2010)

Oct. 7, 2010 PACER
28

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for miscellaneous relief 27 before Honorable Suzanne B. Conlon on 10/13/2010 at 09:00 AM. (Grossman, Harvey) (Entered: 10/07/2010)

Oct. 7, 2010 RECAP
30

REPLY by Defendant Anita Alvarez to motion to dismiss 19 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 10/13/2010)

1 Notice of Filing

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Oct. 13, 2010 RECAP
31

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion to file supplemental exhibit to its combined reply regarding preliminary injunction and dismissal 27 is granted. Status hearing set on October 13, 2010 is vacated pending disposition of the motions to dismiss 19 and for preliminary injunction 16 . Mailed notice(air, ) (Entered: 10/13/2010)

Oct. 13, 2010 RECAP
32

MINUTE entry before Honorable Suzanne B. Conlon: Defendant's motion to dismiss 19 is granted. Plaintiff's preliminary injunction motion 16 is moot. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice(air, ) (Entered: 10/28/2010)

Oct. 28, 2010 PACER
33

MEMORANDUM Opinion and Order Signed by the Honorable Suzanne B. Conlon on 10/28/2010:Mailed notice(air, ) (Entered: 10/28/2010)

Oct. 28, 2010 RECAP
34

ENTERED JUDGMENT Signed by the Honorable Suzanne B. Conlon on 10/28/2010:Mailed notice(air, ) (Entered: 10/28/2010)

Oct. 28, 2010 RECAP
35

MOTION by Plaintiff American Civil Liberties Union of Illinois to alter judgment, to file an amended complaint, and for a preliminary injunction (O'Brien, Richard) (Entered: 11/18/2010)

Nov. 18, 2010 RECAP
36

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion to alter judgment 35, to file an amended complaint, and for a preliminary injunction (Attachments: # 1 Exhibit Ex. 1 - Amended complaint, # 2 Exhibit Ex. 2 - Connell Declaration (with attached Exhibits A through I), # 3 Exhibit Ex. 3 - Carter Declaration)(O'Brien, Richard) (Entered: 11/18/2010)

1 Exhibit Ex. 1 - Amended complaint

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2 Exhibit Ex. 2 - Connell Declaration (with attached Exhibits A through I)

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3 Exhibit Ex. 3 - Carter Declaration

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Nov. 18, 2010 RECAP
37

NOTICE of Motion by Richard J. O'Brien for presentment of motion to alter judgment 35 before Honorable Suzanne B. Conlon on 11/23/2010 at 09:00 AM. (O'Brien, Richard) (Entered: 11/18/2010)

Nov. 18, 2010 PACER
38

MINUTE entry before Honorable Suzanne B. Conlon: The ACLUs motion to amend judgment, to file an amended complaint, and for a preliminary injunction 35 is taken under advisement. Defendant shall respond by December 10, 2010; plaintiffs reply due by December 17, 2010. The motion will not be heard as noticed on November 23, 2010.Mailed notice(air, ) (Entered: 11/19/2010)

Nov. 19, 2010 PACER
39

RESPONSE by Anita Alvarezin Opposition to MOTION by Plaintiff American Civil Liberties Union of Illinois to alter judgment, to file an amended complaint, and for a preliminary injunction 35 (Attachments: # 1 Notice of Filing)(Pullos, James) (Entered: 12/10/2010)

1 Notice of Filing

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Dec. 10, 2010 RECAP
40

REPLY by Plaintiff American Civil Liberties Union of Illinois to motion to alter judgment 35 to file an amended complaint, and for a preliminary injunction (Schwartz, Adam) (Entered: 12/16/2010)

Dec. 16, 2010 RECAP
41

MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion to amend judgment and to file an amended complaint 35 is denied. Plaintiff's renewed motion for a preliminary injunction is moot. ENTER MEMORANDUM OPINION AND ORDER.Mailed notice(air, ) (Entered: 01/10/2011)

Jan. 10, 2011 RECAP
42

MEMORANDUM Opinion and Order Signed by the Honorable Suzanne B. Conlon on 1/10/2011.Mailed notice(air, ) (Entered: 01/10/2011)

Jan. 10, 2011 RECAP
43

NOTICE of appeal by American Civil Liberties Union of Illinois regarding orders 41 42, 33 34 . Filing fee $ 455, receipt number 0752-5674814. (O'Brien, Richard) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
44

NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
45

TRANSMITTED to the 7th Circuit the short record on notice of appeal 43 . Notified counsel (dj, ) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
46

ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 43 ; USCA Case No. 11-1286. (smm) (Entered: 02/07/2011)

Feb. 4, 2011 PACER
47

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 43 (USCA no. 11-1286) (dj, ) (Entered: 02/23/2011)

Feb. 23, 2011 RECAP
48

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sharon Johnson Coleman for all further proceedings. Case reassigned by lot pursuant to 28 USC 294(b). Signed by Executive Committee on 6/15/12.(smm) (Entered: 06/19/2012)

June 15, 2012 PACER
51

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 11-1286 consisting of no record to be returned. (smm) (Entered: 06/25/2012)

June 22, 2012 PACER
53

MANDATE of USCA dated 6/22/12 regarding notice of appeal 43 ; USCA No. 11-1286. The judgment of the District Court is REVERSED, with costs, and the case is REMANDED with the following instructions: The district court shall reopen the case and allow the amended complaint; enter a preliminary injunction enjoining the State's Attorney from applying the Illinois eavesdropping statute against the ACLU and its employees or agents who openly audio record the audible communications of law-enforcement officers (or others whose communications are incidentally captured) when the officers are engaged in their official duties in public places; and conduct such further proceedings as are consistent with this court's opinion. The above is in accordance with the decision of this court entered on this date. (smm) (Entered: 06/25/2012)

June 22, 2012 PACER
54

CERTIFIED Copy of OPINION from the USCA for the 7th Circuit; Argued 9/13/11; Decided 5/8/12 in USCA case no. 11-1286. (smm) (Entered: 06/25/2012)

June 22, 2012 PACER
55

CERTIFIED copy of order dated 6/14/12 from the Seventh Circuit regarding notice of appeal 43 ; Appellate case no. : 11-1286. (smm) (Entered: 06/25/2012)

June 22, 2012 PACER
49

MOTION by Plaintiff American Civil Liberties Union of Illinois for preliminary injunction and entry of amended complaint (O'Brien, Richard) (Entered: 06/25/2012)

June 25, 2012 RECAP
52

ATTORNEY Appearance for Plaintiff American Civil Liberties Union of Illinois by Robert Douglas Leighton (Leighton, Robert) (Entered: 06/25/2012)

June 25, 2012 PACER
50

NOTICE of Motion by Richard J. O'Brien for presentment of motion for preliminary injunction 49 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (O'Brien, Richard) (Entered: 06/25/2012)

June 25, 2012 PACER
56

MOTION by Plaintiff American Civil Liberties Union of Illinois for summary judgment (O'Brien, Richard) (Entered: 06/26/2012)

June 26, 2012 RECAP
57

MEMORANDUM by American Civil Liberties Union of Illinois in support of motion for summary judgment 56 (O'Brien, Richard) (Entered: 06/26/2012)

June 26, 2012 RECAP
58

RULE 56.1(a)(3) Statement by American Civil Liberties Union of Illinois regarding motion for summary judgment 56 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(O'Brien, Richard) (Entered: 06/26/2012)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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June 26, 2012 PACER
59

NOTICE of Motion by Richard J. O'Brien for presentment of motion for summary judgment 56 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (O'Brien, Richard) (Entered: 06/26/2012)

June 26, 2012 PACER
62

MANDATE of USCA dated 6/22/12 regarding notice of appeal 43 ; USCA No. 11-1286. (smm) (Entered: 07/02/2012)

June 27, 2012 PACER
60

MOTION by Defendant Anita Alvarez to stay Proceedings, or Alternatively, to Stay Briefing of Plaintiff's Motion for Summary Judgment to Allow Discovery (Attachments: # 1 Exhibit A, Affidavit of James C. Pullos)(Pullos, James) (Entered: 06/28/2012)

1 Exhibit A, Affidavit of James C. Pullos

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June 28, 2012 RECAP
61

NOTICE of Motion by James Charles Pullos for presentment of motion to stay 60 before Honorable Sharon Johnson Coleman on 7/3/2012 at 08:45 AM. (Pullos, James) (Entered: 06/28/2012)

June 28, 2012 RECAP
63

MEMORANDUM by American Civil Liberties Union of Illinois in Opposition to motion to stay 60 (O'Brien, Richard) (Entered: 07/02/2012)

July 2, 2012 RECAP
64

MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 7/3/2012. Plaintiff's motion for preliminary injunction and entry of amended complaint 49 is granted. Enter Preliminary Injunction and Other Relief. Defendant's motion to stay 60 is taken under advisement. Ruling will be forthcoming within the next week. Plaintiff's motion for summary judgment 56 is entered and continued pending the ruling on the defendant's motion to stay.Mailed notice (rth, ) (Entered: 07/06/2012)

July 3, 2012 RECAP
65

PRELIMINARY INJUNCTION Signed by the Honorable Sharon Johnson Coleman on 7/6/2012:Mailed notice(rth, ) (Entered: 07/06/2012)

July 6, 2012 RECAP
66

AMENDED complaint by American Civil Liberties Union of Illinois against Anita Alvarez (O'Brien, Richard) (Entered: 07/10/2012)

July 10, 2012 RECAP
67

MINUTE entry before Honorable Sharon Johnson Coleman: A motion hearing was held on July 3, 2012, on defendant Anita Alvarez' Motion to Stay the Proceedings orAlternatively to Stay Briefing of Plaintiff's Motion for Summary Judgment to Allow Discovery. For the reasons stated herein, this Court grants Alvarez' Motion to Stay pending the filing of a Writ of Certiorari. Status hearing set to 10/29/2012 at 9:00 a.m.Mailed notice (rth, ) (Entered: 07/10/2012)

July 10, 2012 RECAP
68

TRANSCRIPT OF PROCEEDINGS held on 7/3/12 before the Honorable Sharon Johnson Coleman. Court Reporter Contact Information: Tracey D. McCullough, 312-435-5570, tracey_mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/13/2012. Redacted Transcript Deadline set for 11/23/2012. Release of Transcript Restriction set for 1/21/2013. (Mccullough, Tracey) (Entered: 10/22/2012)

Oct. 22, 2012 PACER
69

MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing set for 10/29/2012 is stricken and reset to 12/10/2012 at 09:00 AM.Mailed notice (rth, ) (Entered: 10/24/2012)

Oct. 24, 2012 RECAP
70

MOTION by Plaintiffs The American Civil Liberties Union of Illinois, Allison Carter, Colleen Connell for summary judgment renewed (Grossman, Harvey) (Entered: 11/26/2012)

Nov. 26, 2012 RECAP
71

NOTICE of Motion by Harvey Michael Grossman for presentment of motion for summary judgment 70 before Honorable Sharon Johnson Coleman on 11/29/2012 at 08:45 AM. (Grossman, Harvey) (Entered: 11/26/2012)

Nov. 26, 2012 PACER
72

MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 11/29/2012. On plaintiff's renewed motion for summary judgment 70, response due by 1/4/2013. Reply due by 1/18/2013. Defendant's reply to its motion to stay to allow for discovery 60 due by 12/13/2012.Mailed notice (rth, ) (Entered: 12/02/2012)

Nov. 29, 2012 PACER
73

MOTION by Defendant Anita Alvarez To Advance This Matter For Status Hearing (Attachments: # 1 Exhibit A, Proposed Order)(Pullos, James) (Entered: 12/03/2012)

1 Exhibit A, Proposed Order

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Dec. 3, 2012 PACER
74

NOTICE of Motion by James Charles Pullos for presentment of motion for miscellaneous relief 73 before Honorable Sharon Johnson Coleman on 12/6/2012 at 08:45 AM. (Pullos, James) (Entered: 12/03/2012)

Dec. 3, 2012 PACER
75

MINUTE entry before Honorable Sharon Johnson Coleman: Defendant's motion to advance this matter for status hearing 73 is granted. Status hearing set to 12/10/2012 shall stand. No appearance is necessary on 12/6/2012.Mailed notice (rth, ) (Entered: 12/04/2012)

Dec. 4, 2012 PACER
76

RESPONSE by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois to Defendant's Motion to Advance This Matter for Status Hearing regarding entry 73 (Attachments: # 1 Exhibit A)(Leighton, Robert) (Docket Text Modified by Clerk's Office on 12/6/2012) (np, ). (Entered: 12/06/2012)

1 Exhibit A

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Dec. 6, 2012 PACER
77

MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 12/10/2012 at which the defendant informed the Court that it will not oppose the plaintiff's motion for summary judgment and the entry of a permanent injunction. The Court will issue its Memorandum Opinion and Order within seven days.Mailed notice (rth, ) (Entered: 12/13/2012)

Dec. 10, 2012 PACER
78

MINUTE entry before Honorable Sharon Johnson Coleman: Based on the foregoing, this Court grants the ACLU's Motion for Summary Judgment and a permanent injunction will issue in separate Order. Enter Memorandum Opinion and Order.Mailed notice (rth, ) (Entered: 12/21/2012)

Dec. 18, 2012 PACER
79

MEMORANDUM Opinion and Order Signed by the Honorable Sharon Johnson Coleman on 12/18/2012:Mailed notice(rth, ) (Entered: 12/21/2012)

Dec. 18, 2012 RECAP
80

MOTION by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois for Entry of Proposed Final Order (Attachments: # 1 Exhibit 1 - Proposed order)(Schwartz, Adam) (Entered: 01/09/2013)

1 Exhibit 1 - Proposed order

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Jan. 9, 2013 PACER
81

NOTICE of Motion by Adam D. Schwartz for presentment of motion for miscellaneous relief 80 before Honorable Sharon Johnson Coleman on 1/15/2013 at 08:45 AM. (Schwartz, Adam) (Entered: 01/09/2013)

Jan. 9, 2013 PACER
82

MINUTE entry before Honorable Sharon Johnson Coleman: Plaintiffs' motion for entry of proposed final order 80 is granted. Enter Order.Mailed notice (rth, ) (Entered: 01/14/2013)

Jan. 14, 2013 PACER
85

ENTERED JUDGMENT Signed on 1/14/2013:Mailed notice(rth, ) (Entered: 02/07/2013)

Jan. 14, 2013 RECAP
83

ORDER Signed by the Honorable Sharon Johnson Coleman on 1/14/2013:Mailed notice(rth, ) (Entered: 01/14/2013)

Jan. 14, 2013 RECAP
84

TRANSCRIPT OF PROCEEDINGS held on 11/29/12 before the Honorable Sharon Johnson Coleman. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, Tracey_Mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/21/2013. Redacted Transcript Deadline set for 3/4/2013. Release of Transcript Restriction set for 5/1/2013. (Mccullough, Tracey) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
86

BILL of Costs (Attachments: # 1 Exhibit A - Filing fees itemization & receipts, # 2 Exhibit B - Transcripts itemization & receipts, # 3 Exhibit C - Copying itemization & receipts)(Schwartz, Adam) (Entered: 02/08/2013)

1 Exhibit A - Filing fees itemization & receipts

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2 Exhibit B - Transcripts itemization & receipts

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3 Exhibit C - Copying itemization & receipts

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Feb. 8, 2013 RECAP
87

COSTS Taxed in favor of American Civil Liberties Union of Illinois, et al. in amount of $ 2,432.19 and against Anita Alvarez. (Exhibits) (mgh,). (Entered: 02/26/2013)

Feb. 22, 2013 PACER
88

MOTION by Plaintiffs Allison Carter, Colleen Connell, The American Civil Liberties Union of Illinois for attorney fees UNOPPOSED (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 02/28/2013)

1 Text of Proposed Order

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Feb. 28, 2013 PACER
89

NOTICE of Motion by Adam D. Schwartz for presentment of motion for attorney fees 88 before Honorable Sharon Johnson Coleman on 3/6/2013 at 08:45 AM. (Schwartz, Adam) (Entered: 02/28/2013)

Feb. 28, 2013 PACER
90

MINUTE entry before Honorable Sharon Johnson Coleman: Plaintiff's unopposed motion for attorney fees, costs and expenses 88 is granted. County of Cook, on behalf of Anita Alvarez, in her official capacity as Cook County State's Attorney, is to pay plaintiff the sum of $645,549 for all attorney fees, taxable costs, and nontaxable expenses in this case. Enter Order.Mailed notice (rth, ) (Entered: 03/05/2013)

March 5, 2013 PACER
91

ORDER Signed by the Honorable Sharon Johnson Coleman on 3/5/2013:Mailed notice(rth, ) (Entered: 03/05/2013)

March 5, 2013 RECAP
92

ENTERED IN ERROR (pjg, ). (Entered: 03/26/2015)

March 26, 2015 PACER
93

NOTICE of Correction regarding document number 92 (pjg, ) (Entered: 03/26/2015)

March 26, 2015 PACER

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 19, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU, which wishes to record police officers in public without their consent.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Cook County (Cook), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $645,549

Order Duration: 2013 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

False arrest