Frederickson v. Landeros, No. 18-1605 (7th Cir. 2019)Annotate this Case
Frederickson lived in Joliet. He was homeless, had a sex crime conviction, and was subject to the Illinois Sexual Offender Registration Act (SORA). He has to register every week in the jurisdiction in which he resides. Joliet requires that a person moving to a new jurisdiction register with the new jurisdiction, and “register out” of the old jurisdiction within three days. For Frederickson's first four years in Joliet, Frederickson complied. In 2007 Detective Landeros took over Joliet’s SORA registrations. The relationship became so contentious that Frederickson began bringing witnesses to his registrations. Landeros arrested Frederickson several times. In January 2011, Frederickson informed Landeros that he was leaving Joliet. Landeros threatened to arrest Frederickson (on unclear grounds) if Frederickson relocated. Frederickson moved to Bolingbrook on February 8. On February 9, Frederickson registered in Bolingbrook. Landeros believed that Frederickson had to “register out” of Joliet. To update Illinois’s Law Enforcement Agency Data System database, Bolingbrook needed Frederickson’s LEADS file. Only one law enforcement agency can “own” a LEADS file and only the agency that owns the file can update it. Joliet refused to transfer Frederickson’s LEADS file. Landeros indicated that Frederickson was not actually residing in Bolingbrook. Several additional problems followed and Frederickson was convicted of failing to register on March 3. 2011.
In Frederickson's civil rights suit, the Seventh Circuit affirmed a finding that Frederickson had adequately alleged that Landeros had singled Frederickson out for unfavorable treatment, was motivated solely by personal animus, and lacked a rational basis for his actions. The court denied Landeros’s motion for summary judgment based on qualified immunity. Frederickson’s equal protection right to police protection uncorrupted by personal animus was clearly established.