Miles v. Village of Island Lake
CourtAppellate Court of Illinois
Date FiledNovember 13, 2026
Docket2-25-0494
StatusUnpublished
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Full Opinion
2026 IL App (2d) 250494-U
No. 2-25-0494
Order filed November 13, 2026
NOTICE: This order was filed under Illinois Supreme Court Rule 23(b) and is not
precedential except in the limited circumstances allowed under Rule 23(e)(1).
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
LANORD D. MILES, Plaintiff-Appellant,
v.
VILLAGE OF ISLAND LAKE and LISA BORCHARDT, Defendants-Appellees.
Appeal from the Circuit Court of Lake County.
Honorable Janelle K. Christensen, Judge, Presiding.
No. 24-CH-169
JUSTICE MULLEN delivered the judgment of the court.
Justices Hutchinson and Schostok concurred in the judgment.
ORDER
¶1 Held: Dismissal of complaint seeking to compel disclosure of information requested
under the Freedom of Information Act would be reversed where record on appeal
(as supplemented by defendants) did not show grounds for nondisclosure, but
plaintiff was not entitled to substitution of judge as of right, and trial court did not
err by refraining from imposing sanctions on defendants.
¶2 Plaintiff, Lanord D. Miles, filed a complaint in the circuit court of Lake County against
defendants, the Village of Island Lake (Village) and its Freedom of Information Act Officer, Lisa
Borchardt, seeking to compel disclosure of certain information that he had requested under the
Freedom of Information Act (Act) (5 ILCS 140/1 et seq. (West 2022). Defendants moved to
dismiss the complaint pursuant to section 2-619(a)(9) of the Code of Civil Procedure (Code) (735
ILCS 5/2-619(a)(9) (West 2024)) on the basis that the information was exempt from disclosure.
The trial court granted the motion, and this appeal followed. Defendant argues on appeal that (1)
he was entitled to a substitution of judge for cause, (2) the trial court erred in dismissing his
complaint, and (3) the trial court should have imposed sanctions on defendants. Although we
disagree with the first and third arguments, we agree that the trial court erred by dismissing the
complaint. Accordingly, we reverse and remand for further proceedings.
¶3 I. BACKGROUND
¶4 In his complaint, plaintiff alleged that, on or about May 14, 2024, he wrote to the Village
requesting unredacted video and police reports related to an incident on June 11, 2022, that resulted
in plaintiff’s arrest and criminal charges against him. Plaintiff asserted in his complaint that he was
entitled to that material “in [t]he [c]ontext of [h]is [c]riminal [c]ase and [t]he United States
Supreme Court Precedence [sic] of [Brady v. Maryland, 373 U.S. 83 (1963)].” He alleged that
Borchardt denied his request “[c]iting [p]ersonal and [p]rivate [i]nformation, without specifically
[e]xplaining what [t]he privacy [c]oncerns were in a [d]etailed [e]xplination [sic].” As an exhibit
to the complaint, plaintiff attached a letter to him from Borchardt indicating that his request for
unredacted reports had been denied, that his request for “Squad Video” had been approved in part,
and that his request for body camera footage was denied because the Village “d[id] not have body
camera footage.” The letter explained that the redacted material was private or personal
information (which is exempt from disclosure under subsections (1)(a) and (1)(c) of section 7 of
the Act (5 ILCS 140/7(1)(a), (1)(c) et seq. (West 2022))).
¶5 In their motion to dismiss, defendants asserted that in June 2023, plaintiff submitted a
request under the Act for “police reports, medical records, and a photo line-up from a criminal case
against him.” According to the motion to dismiss, Borchardt reviewed plaintiff’s request and
provided plaintiff with police reports related to the case against him, with some information
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redacted. Neither medical reports nor a photo lineup were provided, “because neither existed.”
Nearly a year later. Plaintiff submitted a second request, seeking unredacted copies of the police
reports, dashboard camera and body camera footage of the incident in question, and citizen
complaints against the officer who arrested defendant. According to the motion, Borchardt
provided plaintiff with available dashboard camera footage with some redactions. Because no body
camera footage or complaints against the arresting officer existed, plaintiff’s request for those
items was denied. Plaintiff’s request for unredacted police reports was also denied. As exhibits to
the motion to dismiss, defendants attached copies of: plaintiff’s June 2023 request for information
under the Act; the Village’s written response to the request; redacted police reports pertaining the
June 11, 2022, incident; plaintiff’s second request (which was submitted in May 2024); and a letter
from the Village to plaintiff responding to plaintiff’s second request.
¶6 In addition, the motion was supported by an affidavit from Borchardt explaining the basis
for each redaction in the police reports released to plaintiff. The affidavit further stated that a
segment of audio from one squad car’s dashboard camera recording was redacted because it
“contain[ed] license plate information” and that, in dashboard camera video from a different squad
car, the faces of individuals were blurred.
¶7 The trial court set the motion for a hearing on April 22, 2025, and ordered defendants to
submit all unredacted documents and video footage to the court by April 11, 2025, for in camera
review. Plaintiff, who was incarcerated, participated in the April 22, 2025, hearing via video. He
contended that he believed the redacted audio contained more than a license plate number. The
trial court noted that defendants had not provided the unredacted video. The court asked
defendants’ attorney “[h]ow much was redacted from the audio[.]” Defendant’s attorney
responded:
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“My understanding is that it was only a license plate number. It might have been
like two words like ‘license plate number is’ or something, but I don’t believe there was
any description of any—there wasn’t—there wasn’t the substantive description or
reasoning why he was pulling Mr. Miles over. There was nothing like that. It was simply
to take the license plate number out which is, I think, pretty standard.”
The trial court continued the hearing and ordered defendants to submit the unredacted audio and
documents to the court for in camera review.
¶8 On May 8, 2025, plaintiff filed a motion for substitution of judge for cause. A Lake County
judge other than the judge presiding over the case heard the motion and denied it.
¶9 The hearing on defendants’ motion to dismiss resumed on June 6, 2025. Plaintiff again
participated via video. The trial court noted that it had reviewed the unredacted material. The court
found that all the material redacted from the police reports was exempt from disclosure under the
Act. The court then discussed the redacted dashboard camera video from one squad car, which
showed a traffic stop. The court noted that the audio portion contained a “beep” from
“approximately 1 minute and 41 seconds to 2 minutes and 15 seconds. The court added that it
“confirmed that the redacted words were [plaintiff’s] plate number.” The trial court granted
defendants’ motion and dismissed the complaint with prejudice. Defendant moved to reconsider.
The trial court denied the motion, and defendant filed a timely notice of appeal.
¶ 10 We note that the record on appeal, as originally transmitted to us, did not include the video
that the trial court reviewed in camera. However, during the pendency of this appeal, defendant
filed a motion to supplement the record on appeal with sealed media exhibits containing the video
in question. We granted the motion, ordering defendants to file the sealed exhibits with the clerk
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of the circuit court of Lake County and ordering the clerk to upload them to our digital evidence
management platform for our in camera review.
¶ 11 II. ANALYSIS
¶ 12 Plaintiff first argues that the denial of his motion for substitution of judge as of right was
error. According to plaintiff, the judge who heard the motion “came into [t]he [m]otion [h]earing
with a [p]redisposed [d]etermination to [n]ot [t]ake [t]he [e]vidence offered[.]” Plaintiff maintains
that the case must be remanded for further proceedings, before yet another judge, on his motion
for substitution of judge. As the defendants note, plaintiff’s notice of appeal did not list the order
denying the motion for substitution of judge. “[O]ur jurisdiction is limited to a review of the orders
listed in the appellant's notice of appeal.” Safeway Insurance Co. v. Ebijimi, 2025 IL App (1st)
231543, ¶ 82. However, there is authority that, even when not listed in the notice of appeal, an
order denying a motion for substitution of judge may be reviewable as a step in the procedural
progression leading to the final judgment specified in the notice of appeal. In re Marriage of
O’Brien, 2011 IL 109039, ¶ 23.
¶ 13 Be that as it may, the condition of the record on appeal, which includes neither a transcript
of the hearing on the motion, nor an acceptable substitute (see Ill. S. Ct. R. 323(c) (eff. Jul. 1,
2017)), forecloses review of the order in question. It is well established that:
“[A]n appellant has the burden to present a sufficiently complete record of the
proceedings at trial to support a claim of error, and in the absence of such a record on
appeal, it will be presumed that the order entered by the trial court was in conformity with
law and had a sufficient factual basis. Any doubts which may arise from the incompleteness
of the record will be resolved against the appellant.” Foutch v. O’Bryant, 99 Ill. 2d 389,
391-92 (1984).
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With no record of the proceedings on plaintiff’s motion, it is impossible to conclude that the judge
who heard the motion was predisposed to deny it.
¶ 14 Plaintiff next argues that the trial court erred in ruling that the Village was not required to
disclose the redacted portions of the dashboard camera video from the initial traffic stop. Based on
that ruling, the trial court granted defendants’ motion to dismiss pursuant to section 2-619(a)(9) of
the Code (735 ILCS 5/2-619(a)(9) (West 2024)). Section 2-619(a) enumerates various grounds for
dismissal. Section 2-619(a)(9) provides for dismissal when “the claim asserted against defendant
is barred by other affirmative matter avoiding the legal effect of or defeating the claim.” Here the
affirmative matter is the purported exemption from disclosure under the Act.
¶ 15 Section 7(1) of the Act (5 ILCS 140/7(1) (West 2022)) provides, in pertinent part:
“(1) When a request is made to inspect or copy a public record that contains
information that is exempt from disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect to redact the information that
is exempt. The public body shall make the remaining information available for inspection
and copying. Subject to this requirement, the following shall be exempt from inspection
and copying:
***
(b) Private information, unless disclosure is required by another provision of this
Act, a State or federal law, or a court order.”
¶ 16 The term “private information” includes personal license plates. Id. § 140/2(c-5).
Defendants argue that “[t]he single redaction made to the dashboard camera footage was a
readback of a license plate number which is explicitly listed as private information that is exempt
from disclosure.” As noted, after in camera review of the redacted and unredacted video, the trial
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court stated that there was a “beep” on the audio portion of the redacted video “approximately 1
minute and 41 seconds to 2 minutes and 15 seconds,” and that the redacted words were [plaintiff’s]
plate number.” Were that true, we would agree with defendants that the redacted portion of the
video is exempt from disclosure. However, after reviewing the redacted and unredacted video
defendants submitted to us by defendants as a supplemental record, we conclude that the trial
court’s description is inaccurate. In both videos, the arresting officer can be heard reading off the
license plate number of the stopped vehicle. There is no “beep” at 1 minute and 41 on either video.
Rather, on the redacted video, a beep can be heard from 2 minutes and 15 seconds to 2 minutes
and 28 seconds. At 2 minutes and 18 seconds, an automated voice on the unredacted video can be
heard stating: “19 Silver Buick utility. License status valid. NCIC person clear. NCIC clear.” That
language does not fall within any of the Act’s exemptions from disclosure. Accordingly, the trial
court erred in granting defendants’ motion to dismiss. Therefore, the case must be remanded for
further proceedings.
¶ 17 Plaintiff finally argues that the trial court erred by not imposing sanctions on defendants’
attorney for failing to submit the unredacted video footage to the trial court. As noted, the court
ordered defendants to submit the unredacted footage for in camera review before the hearing on
defendants’ motion to dismiss, but counsel had submitted only the redacted footage. The court
continued the matter, and defendants submitted the unredacted video. Nothing in the record
suggests that counsel’s initial failure to submit the video was anything other than a simple
oversight. Plaintiff cites no authority that sanctions are warranted under these circumstances.
¶ 18 III. CONCLUSION
¶ 19 For the reasons stated, we reverse the judgment of the circuit court of Lake County and
remand for further proceedings.
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¶ 20 Reversed and remanded.
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