Summary
This Seventh Circuit order addresses a motion by non-party Wexford defendants to redact a $3 million settlement amount from the public record and a dissenting opinion. Circuit Judge Hamilton, writing in chambers, denied the motion, concluding that under Illinois law and the Illinois Freedom of Information Act, settlement agreements involving private contractors performing governmental functions for the Department of Corrections are public records regardless of confidentiality clauses. Relying on the Illinois Supreme Court’s decision in Rushton v. Department of Corrections, the judge held that the settlement terms were already public and did not warrant redaction.
Topics
Practice areas
Questions Presented
- Whether the settlement agreement is a public record subject to disclosure under the Illinois Freedom of Information Act.
- Whether the motion to redact the settlement amount from the dissenting opinion should be granted.
Holdings
- The settlement agreement is a public record under the Illinois Freedom of Information Act and therefore not subject to redaction.
- The motion to redact the settlement amount is denied.
Key quotations
“As a matter of Illinois law, the terms of the settlement agreement were matters of public record under Rushton, notwithstanding the agreement to keep those terms confidential.” (N/A)
Factual background
Plaintiff Ollison settled with the Wexford defendants for three million dollars. The settlement agreement contained a confidentiality provision, but the parties argued that the agreement was a public record under the Illinois Freedom of Information Act because it related to a governmental function.
Procedural history
The district court entered judgment for the defendants. The plaintiff appealed. The Seventh Circuit panel affirmed the judgment. Judge Hamilton filed a dissenting opinion addressing a motion to redact settlement information.