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Derfus v. City of Chicago

United States District Court, N.D. Illinois, Eastern Division

April 6, 2015

DUANE DERFUS and STEVEN PETKIEWICZ, Plaintiffs,
v.
CITY OF CHICAGO, [1] Defendant.

MEMORANDUM OPINION AND ORDER

JORGE ALONSO, District Judge.

Plaintiffs sue the City of Chicago pursuant to 42 U.S.C. § 1983 for its alleged violations of their due process rights and the Illinois Sex Offender Registration Act. The City has filed a Federal Rule of Civil Procedure ("Rule") 56 motion for summary judgment. For the reasons set forth below, the Court grants the motion.

Background

The Illinois Sex Offender Registration Act ("SORA") requires certain sex offenders who reside or are temporarily domiciled for 3 or more days in Chicago to register in person at the Chicago Police Department ("CPD") Headquarters and provide various information including "positive identification and documentation that substantiates proof of residence at the registering address." 730 Ill. Comp. Stat. 150/3(a)(1), (c)(5). The statute also requires the offender "to pay a $100 initial registration fee, " though the registering agency can waive the fee "if it determines that the [offender] is indigent and unable to pay." 730 Ill. Comp. Stat. 150/3(c)(6). Each offender must register within 3 days of, among other things, establishing a residence or temporary domicile. 730 Ill. Comp. Stat. 150/3(b). A "place of residence or temporary domicile" is any place "where the sex offender resides for an aggregate period of time of 3 or more days during any calendar year." 730 Ill. Comp. Stat. 150/3(a). A "fixed residence" is any place "that a sex offender resides for an aggregate period of time of 5 or more days in a calendar year." 730 Ill. Comp. Stat. 150/2(I). An offender who is required to register but "lacks a fixed residence or temporary domicile... must notify, in person, the agency of jurisdiction of his or her last known address within 3 days after ceasing to have a fixed residence" and "must report weekly, in person, ... [to] the chief of police in the municipality in which he or she is located." 730 Ill. Comp. Stat. 150/3(a)(2), 150/6.

Plaintiff Derfus

Derfus is a sex offender subject to SORA who was released from prison on September 27, 2013. (Pls.' LR 56.1(b)(3)(B) Stmt. ¶¶ 1, 13.) On September 29, 2013, he went to the police station at Harrison and Kedzie to register and was told that he had to register at CPD Headquarters at 35th Street and Michigan Avenue. ( Id. ¶ 13.) That night, Derfus stayed at the Franciscan Annex homeless shelter at 200 S. Sacramento in Chicago. ( Id. )

On September 30, 2013, Derfus went to CPD headquarters to register, but after telling the registering officer that he was going to Wisconsin for a few days, was told that he did not have to register until he returned. ( Id. ¶ 14.) The officer also told Derfus that he could not register without identification. ( Id. ) CPD's registration log for that day shows that Derfus had been "turned away" because he was "moving to Wis." ( Id. ) At some point over the next few days, Derfus went to Wisconsin. ( Id. ¶ 15.) From September 29, 2013 until he left for Wisconsin, Derfus stayed at 200 S. Sacramento. ( Id. ) When Derfus returned from Wisconsin, he went back to 200 S. Sacramento, and planned to stay there regularly. ( Id. ¶ 16.)

On October 7, 2013, Derfus went to CPD headquarters and told the registering officer that he was staying at 200 S. Sacramento. ( Id. ¶ 17.) The registering officer told Derfus he could not be registered without state identification that showed 200 S. Sacramento as his address. ( Id. ) The registration log for that date shows "needs proper ID" as the "reason for [Derfus] being turned away." ( Id. )

On October 10, 2013, Derfus returned to CPD Headquarters with a state identification card that showed 200 S. Sacramento as his address. ( Id. ¶ 18.) The registering officer told Derfus he could not register at that address because it was within a prohibited zone for child sex offenders. ( Id. ) He also gave Derfus a fee waiver application. ( Id. ) The registration log for that date shows states that Derfus was "turned away" because he was given a fee waiver application. ( Id. )

At a hearing before the Court on October 18, 2013, the City agreed to let Derfus register as a person without a fixed residence or temporary domicile, and Derfus did so the same day. ( Id. ¶ 19.) From October 18, 2013 to December 3, 2013, when he registered at 2525 N. Milwaukee, Derfus registered weekly as a person lacking a fixed residence. ( Id. ¶ 20.)

Plaintiff Petkiewicz

Petkiewicz was released from prison on December 18, 2012 with an IDOC temporary identification card that listed 200 S. Sacramento as his address. ( Id. ¶ 21.) On December 20, he went to register at CPD Headquarters and presented his temporary identification card. ( Id. ¶ 22.) The registering officer told Petkiewicz that he need a state identification card to register. ( Id. )

Virtually every night from December 21, 2012 through October 19, 2013, Petkiewicz stayed at 200 S. Sacramento. ( Id. ¶ 23.) On December 21, 2012, Petkiewicz obtained a state identification card with 200 S. Sacramento listed as his address. ( Id. ¶ 24.)

On December 24, 2102, Petkiewicz went to CPD Headquarters and was registered as residing at 200 S. Sacramento. ( Id. ) He was also registered at that ...


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