Smith v. Anderson, No. 16-2333 (7th Cir. 2017)Annotate this Case
Smith, a registered sex offender, was convicted of driving with a revoked license and sentenced to one year’s imprisonment followed by mandatory supervised release. To begin his supervised release, Smith needed the Illinois Department of Corrections to approve a host site. On his release date, Smith submitted two host sites. The Department had not investigated the proposed sites. A parole supervisor ordered Smith’s parole officer, Anderson, to issue a parole violation report rather than release Smith. Anderson’s report contained incorrect statements, claiming that electronic monitoring was a condition of Smith’s supervised release and that the Department had attempted to place Smith at a host site that would allow him to comply with the electronic monitoring requirement. Smith spent another six months in custody before being released on good‐time credit. He sued Anderson under 42 U.S.C. 1983 for an alleged Fourth Amendment violation. The Seventh Circuit affirmed summary judgment in favor of Anderson. For relief under section 1983, a plaintiff must demonstrate that the defendant is not entitled to qualified immunity. Qualified immunity bars Smith’s claim. No court has held that the Fourth Amendment compels the release of sex offenders who lack lawful and approved living arrangements; lacking these arrangements, their continued detention does not violate clearly established rights.