Tobey v. Chibucos, No. 16-4037 (7th Cir. 2018)Annotate this Case
In 2009, Tobey placed an order with an internet site advertising “videos of young girls.” When the videos arrived at Tobey’s Florida home, he signed for them and was arrested by U.S. Postal Inspectors as part of a sting operation. Searches of computers in his Florida and Illinois homes led to the discovery of downloads that resulted in charges in both states. Tobey pled guilty to Florida charges. In 2012, when Tobey finished serving his Florida prison sentences, he returned to Illinois where he again pled guilty and was sentenced to two and a half years of probation. Supervision of his Florida probation was transferred to Illinois through the Interstate Compact on Adult Offender Supervision. Because of his noncompliance with probation conditions relating to psychological treatment, signing a “behavioral agreement,” and internet access, Tobey was taken into custody and was transported to Florida, where he eventually signed a behavioral agreement. He was returned to Illinois after 106 days in jail. He continued to have compliance issues. In 2016, Tobey sued his probation officer and an assistant state’s attorney, alleging illegal arrest and detention in violation of the Fourth, Fifth, Eighth and Fourteenth Amendments; violation of due process and his rights under those Amendments; malicious prosecution, intentional infliction of emotional distress and conspiracy. Tobey characterized his extradition as “kidnapping” and his supervision as “being threatened.” The Seventh Circuit affirmed the dismissal of the suit without an award of sanctions.