Case Law

Court Compels Further Custodian Searches

Illinois

Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017) In this case, Plaintiff alleges that they were wrongfully arrested, detained and abused at “off the books” detention centers without access to counsel. During the meet and confer phase of discovery, the parties reached an impasse as to which custodians from the Mayor’s Office should be searched, including the mayor. The Court found that the information sought would be relevant and that Defendant did not establish the alleged burden of the custodian requests. The Court noted in its decision several proportionality factors, including the importance of the issues at stake.

Keywords: Proportionality, production, custodians, burden, cost