United States District Court, C.D. Illinois, Springfield Division
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
proceeds pro se from his incarceration in the Shawnee
Correctional Center. His First Amended Complaint is before
the Court for a merit review pursuant to 28 U.S.C. §
1915A. This section requires the Court to identify cognizable
claims stated by the complaint and dismiss claims that are
not cognizable. In reviewing the complaint, the Court accepts
the factual allegations as true, liberally construing them in
Plaintiff's favor and taking Plaintiff's pro se
status into account. Turley v. Rednour, 729 F.3d
645, 649 (7th Cir. 2013). However, conclusory statements and
labels are insufficient. Enough facts must be provided to
"'state a claim for relief that is plausible on its
face.'" Alexander v. U.S., 721 F.3d 418,
422 (7th Cir. 2013) (quoted cite omitted).
reasons that follow, Plaintiff's First Amended Complaint
is DISMISSED. Defendants State of Illinois and Illinois State
Police are immune from liability under the Eleventh
Amendment. Plaintiff's remaining damages claims are
barred by Heck v. Humphrey, 512 U.S. 477 (1994).
originally filed his complaint in the Northern District of
Illinois. That court transferred the case to the Southern
District of Illinois. On February 15, 2018, Chief Judge
Michael J. Reagan granted Plaintiff's motion to proceed
informa pauperis. On April 23, 2018, Plaintiff filed a First
Amended Complaint (d/e 22) narrowing the named defendants.
Judge Reagan transferred the case to this Court because the
majority of events giving rise to the action seemed to have
occurred in this district and this district appears to be
where each individual defendant may be found or resides.
Opinion (d/e 23).
First Amended Complaint, brought pursuant to 42 U.S.C. §
1983, is divided into six counts against Defendants Illinois
State Police; Tracie Newton, supervisor of the Sex Offender
Registration Unit, in her official and individual capacity;
Leo Schmitz, Director of the Illinois State Police, in his
individual and official capacity; and the State of Illinois,
seeking to declare an Illinois state unconstitutional on its
face and as applied.
Court takes judicial notice of Plaintiff's criminal cases
available on the St. Clair County, Illinois Circuit Court
(last visited May 7, 2018). See Olson v. Champaign Cnty.,
Ill., 784 F.3d 1093, 1096 n. 4 (7th Cir. 2015). In
January 1996, Plaintiff was convicted of the amended charge
of aggravated criminal sexual abuse, 720 ILCS
5/12-16(c)(1)(i), and sentenced to four years' probation.
His term of probation was subsequently revoked, and, in March
1997, Plaintiff was sentenced to four years'
imprisonment. He was released after serving his time.
years later, Plaintiff was charged with failure to register
as a sex offender in St. Clair County Case No. 12-CF-1204,
No. 14-CF-1422, and No. 15-CF-373. A jury found Plaintiff
guilty in case No. 14-CF-1422, and Plaintiff pleaded guilty
in the other two cases. On August 20, 2015, Plaintiff was
sentenced to three years' imprisonment in each case.
Plaintiff is currently incarcerated for these offenses with a
projected parole date of May 16, 2018.
First Amended Complaint contains the following allegations.
Plaintiff was only required to register as a sex offender for
ten years following his 1996 conviction. His plea agreement
for the 1996 conviction prevented extension of the
registration period. Newton and Schmitz nonetheless extended
Plaintiff's registration period after the 10-year term
expired, which led to his convictions for failure to
2013, Newton, the supervisor of the Illinois State Police Sex
Offender Registration Unit, conducted an administrative
review of Plaintiffs history of registration and issued a
brief memorializing her findings. Plaintiff sought, without
success, administrative review of Newton's findings by
submitting over 202 requests to the Illinois State Police
Offender Registration Unit. Newton purportedly failed to
forward Plaintiffs requests for a hearing to the proper
Department within the Illinois State Police. Plaintiff
alleges that Newton and/or Schmitz:
• Changed Plaintiffs 1996 conviction information to
reflect that he was convicted of a Class X felony instead of
a Class 2 felony;
• Failed to provide Plaintiff with ample notice of his
duty to register;
• Designated Plaintiff a “Sexual Predator, ”
“Sexually Violent Person, ” and “Sexually
Dangerous Person, ” which changed Plaintiffs