Regains v. Chicago, No. 15-2444 (7th Cir. 2019)Annotate this Case
Illinois law requires sex offenders to register with the police. Offenders with a fixed residence were required to register either every 90 days or annually; homeless offenders were to report weekly. Some Chicago officers thought the weekly requirement was burdensome and “steered” offenders to identify a residence. Officers directed Regains to a homeless shelter, which they listed as his permanent address, and to return for re-registration in 90 days. When he reported three months later, Regains was arrested on an “investigative alert,” because other officers had not been able to locate Regains at the address provided. Regains remained in custody 17 months before the Illinois trial court found him not guilty of failing to a report a change of address. Regains sued the city under 42 U.S.C. 1983. The district court dismissed the claim as time-barred under Illinois’ two-year statute of limitations for personal injury claims and found that the amended complaint lacked sufficient factual details to give fair notice. The Seventh Circuit reversed, concluding that the claim accrued when Regains was released from custody. The court remanded, noting that it will be difficult for Regains to amend his complaint to allege a policy or practice, widespread enough to constitute a custom and that high-ranking Department members knew of the differing practices and allowed them to continue.