IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

TOMMY McFARLAND, individually and )

on behalf of all others similarly situated, )

)

Plaintiff, ) 20 CV 4145

)

v. )

) Judge

BRENDAN KELLY, in his official capacity ) Magistrate Judge

as Director of the Illinois State Police, )

)

Defendant. )

CLASS ACTION COMPLAINT

Plaintiff Tommy McFarland, individually and on behalf of all others similarly 

situated, through counsel, complains against Defendant Brendan Kelly, in his 

official capacity as Director of the Illinois State Police, as follows:

Nature of the Case

1. Pursuant to the Illinois Sex Offender Registration Act (730 ILCS 150/1 et 

seq.), individuals who have been convicted of certain sex offenses are required to 

register as sex offenders for a period of ten years following their conviction or 

discharge from the Illinois Department of Corrections. 

2. The Sex Offender Registration Act requires the Director of the Illinois State 

Police (hereinafter “the Director”) to extend this registration period for an 

additional ten years if an individual “fails to comply” with any aspect of his 

registration requirement. 730 ILCS 150/7; 20 Ill. Adm. Code § 1280.40(a). 

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3. Neither the Sex Offender Registration Act nor the Illinois Administrative 

Code provides any guidance on how the Director is to determine whether an 

individual has “failed to comply” with the registration requirement. The law does 

not require the Director to consider evidence, await the outcome of criminal 

proceedings, or give the registrant any opportunity to contest an allegation that he 

failed to comply with the Registration Act.

4. As a matter of policy and practice, the Director automatically extends 

registration for ten years whenever a local registration authority (i.e., the police 

department in the jurisdiction where the registrant resides) changes an individual’s 

registration status to “location unknown” or “non-compliant.” 

5. There is no formal mechanism for an individual whose registration period has 

been extended to challenge the extension of his registration if the local registration 

authority has changed his status to “non-compliant” or “location unknown” in error. 

6. Plaintiff Tommy McFarland has never been convicted of any violation of the 

Sex Offender Registration Act. The Director has nonetheless twice extended his

registration period for ten years (once in 2012 and again in 2019) based on 

unproven allegations that he failed to register a change in his residential address. 

Plaintiff has not been afforded any opportunity either before or after the 

administrative extension of his registration period to challenge the extension.

7. Requiring an individual to register as a sex offender carries with it many 

consequences in addition to having his name, photograph, address and other 

identifying information listed on the state’s sex offender registry, which is 

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publicized on the Internet. These consequences include a requirement of yearly inperson registration with the police department, payment of an annual registration 

fee of $100, a requirement that he inform authorities if he intends to travel for more 

than three days, and the potential for felony prosecution, fines and imprisonment if 

he fails to comply with any aspect of the registration law. 

8. Plaintiff contends that 730 ILCS 150/7 and 20 Ill. Adm. Code § 1280.40(a)

violate the Fourteenth Amendment guarantee of procedural due process on their 

face and as applied to him. Plaintiff seeks injunctive and declaratory relief for 

himself and the members of the proposed class. 

Parties

9. Plaintiff Tommy McFarland is a resident of Urbana, Illinois. McFarland is 

36 years old. 

10. Brendan Kelly is the Director of the Illinois State Police. In his capacity as 

the director of ISP, Kelly has final authority to “extend for 10 years the registration

period of any sex offender, ... who fails to comply” with any provision of the Sex 

Offender Registration Act. 730 ILCS 150/7. Kelly is sued in his official capacity for 

injunctive and declaratory relief only.

Jurisdiction and Venue

11. Jurisdiction is proper in this court pursuant to 28 U.S.C. §1331 because 

this action arises under federal law. Specifically, this case arises under 42 U.S.C. 

§1983 and alleges violations of the Fourteenth Amendment of the United States 

Constitution. 

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12. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events that give rise to Plaintiff’s claim occurred in this 

District. The challenged statute is applied to members of the proposed class 

throughout the State.

Relevant Statutory Provisions

13. Section 7 of the Illinois Sex Offender Registration Act provides in relevant 

part as follows:

Liability for registration terminates at the expiration of 10 years from the date 

of conviction or adjudication if not confined to a penal institution, hospital or any 

other institution or facility and if confined, at the expiration of 10 years from the 

date of parole, discharge or release from any such facility, providing such person 

does not, during that period, again become liable to register under the provisions 

of this Article. ... The Director of State Police, consistent with administrative 

rules, shall extend for 10 years the registration period of any sex offender, as 

defined in Section 2 of this Act, who fails to comply with the provisions of this 

Article. 

730 ILCS 150/7.

14. The relevant part of the Illinois Administrative Code provides as follows: 

A sex offender shall register in person annually within one year after his or her 

last registration. Failure to comply with any provision of the Act shall extend the 

period of registration by ten years beyond the period otherwise required.

20 Ill. Adm. Code § 1280.40(a).

Facts Relevant to the Named Plaintiff’s Claim

15. Plaintiff Tommy McFarland was convicted in 2003 of attempted criminal 

sexual assault. At the time of the offense, McFarland was 19 years old. 

16. Because of this conviction, McFarland was required to register as a sex 

offender for a period of ten years pursuant to 730 ILCS 150/7. 

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17. McFarland’s registration period began on November 30, 2004. 

Accordingly, McFarland’s registration period should have ended in November 2014. 

18. In 2012, McFarland was living in Champaign, Illinois, with family and 

had duly registered his residential address. 

19. A Champaign police officer came to do a “compliance check” at 

McFarland’s registered address. McFarland was not home at the time of the check.

20. Based on this, Champaign police changed McFarland’s status to “location 

unknown” on the registry.

21. Defendant automatically extended McFarland’s registration period ten 

years based on this event. 

22. McFarland was in fact living at the address at which he was registered, 

but he was provided no opportunity to prove that fact to the Illinois State Police 

before or after his registration period was extended.

23. The Champaign County State’s Attorney charged McFarland with failure 

to register but dropped the charges shortly thereafter. McFarland was not convicted 

of any criminal offense in connection with this registration check.

24. McFarland continued to register annually.

25. In May 2019, Champaign police decided to do another “compliance check” 

at McFarland’s registered address.

26. McFarland was not at home at the time of the check.

27. Based on this, Champaign police again changed McFarland’s status to 

“location unknown.” 

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28. Defendant automatically extended McFarland’s registration period for 

another ten years based on this change in status.

29. McFarland was in fact living at the address at which he was registered, 

but he was provided no opportunity to prove that fact to Illinois State Police.

30. The Champaign County State’s Attorney charged McFarland with failure 

to register but dropped the charges shortly thereafter. McFarland was not convicted

of any criminal offense in connection with this registration check.

31. Notwithstanding this, Defendant stands by its decision to extend 

McFarland’s registration period for an additional ten years.

32. Because of his continued placement on the Illinois Sex Offender Registry, 

McFarland is subject to public opprobrium and reputational harm. In particular, his 

continued presence on the registry implies that he has been convicted of an offense 

or released from custody within the past ten years, which is untrue. 

33. Moreover, McFarland is subject to substantial deprivations of liberty, 

which include, but are not limited to, an annual in-person registration requirement; 

an annual $100 registration fee; surveillance by law enforcement personnel 

including “compliance checks” at his home; a requirement that he inform law 

enforcement if he plans to travel from his home for more than three days; a 

requirement that he inform law enforcement of his place of work and any changes 

in his employment; placement on other state’s public registries if he travels to 

another state; and the potential for felony prosecution, fines and imprisonment if he 

fails to comply with any aspect of the registration law. 

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Class Allegations

34. Pursuant to Fed. R. Civ. P. 23(b)(2), Plaintiff seeks certification of this 

complaint as a class action for the purpose of obtaining class wide injunctive and 

declaratory relief. 

35. The Named Plaintiff seeks to represent a class defined as follows:

• All individuals in the State of Illinois currently on the Illinois Sex 

Offender Registry who have criminal convictions requiring registration for 

a period of ten years. 

36. The proposed class is numerous. Based on information publicly available 

on the Illinois Sex Offender Registry, there are at least 1,500 individuals currently 

on the Registry whose crime of conviction requires registration for a period of ten 

years. 

37. Joinder of all class members is impracticable. Not only is the class very 

numerous, but membership in the class is expanding as additional people are 

convicted of offenses that require registration for a period of ten years.

38. The core questions of law and fact are common to all class members and 

are appropriate for resolution on a class-wide basis, including but not limited to the 

following: 

• How do the Illinois State Police decide whether an individual has “fail[ed]

to comply” with the Sex Offender Registration Act;

• Whether an individual whose registration period is extended pursuant to 

730 ILCS 150/7 has an opportunity to contest the determination that he or 

she “fail[ed] to comply” with the Sex Offender Registration Act;

• What are the consequences of having one’s registration period extended 

for ten years;

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• Whether 730 ILCS 150/7 violates the Fourteenth Amendment guarantee 

of procedural due process on its face because it provides no procedurally 

safeguarded opportunity to contest the determination that one has 

“fail[ed] to comply” with the Sex Offender Registration Act before or after 

his or her registration period is extended.

39. All individuals falling within the class definitions are subject to the same 

statute, thus a single declaratory judgment would provide relief to each member of 

the class.

40. Plaintiff McFarland will fairly and adequately represent the interests of 

the class; and his claims are typical of the claims of all members of the proposed 

class.

41. Plaintiff’s counsel are experienced in civil rights litigation, including 23 

(b)(2) civil rights class actions challenging aspects of Illinois’ sex offender registry 

and related restrictions. Plaintiff’s counsel will fairly and adequately represent the 

interests of the class.

COUNT I

42 U.S.C. §1983

Fourteenth Amendment — Procedural Due Process

42. Plaintiff realleges and reincorporates, as though fully set forth herein, 

each and every allegation above. 

43. Because of Defendant’s enforcement of 730 ILCS 150/7, Plaintiff has been 

order to register as a sex offender for an additional 17 years and is currently under 

threat of arrest and prosecution if he fails to comply with any aspect of the 

registration law. 

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44. Placement on the sex offender registry causes reputational harm to 

Plaintiff. Placement on the sex offender registry also significantly alters Plaintiff’s 

legal status and rights as described above. 

45. Plaintiff has not been given an opportunity to contest the Illinois State 

Police’s determination that he violated the registration law in any trial, hearing or 

other forum. 

WHEREFORE, Plaintiff respectfully requests that this Court: 

(a) issue a preliminary and then permanent injunction prohibiting Defendant 

from administratively extending registration requirements pursuant to 

730 ILCS 150/7 and 20 Ill. Adm. Code § 1280.40(a) both with regard to 

Plaintiff and the members of the proposed class; 

(b) issue a declaratory judgment that 730 ILCS 150/7 and 20 Ill. Adm. Code § 

1280.40(a) violate the Fourteenth Amendment guarantee of procedural 

due process; 

(c) enter judgment for reasonable attorney’s fees and costs incurred in 

bringing this action; and 

(d) grant Plaintiff any other relief the Court deems appropriate. 

Respectfully submitted, 

/s/ Adele D. Nicholas

/s/ Mark G. Weinberg

Counsel for Plaintiff

Law Office of Adele D. Nicholas

5707 W. Goodman Street

Chicago, Illinois 60630

(847) 361-3869

adele@civilrightschicago.com

Law Office of Mark G. Weinberg

3612 N. Tripp Avenue

Chicago, Illinois 60641

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(773) 283-3913

mweinberg@sbcglobal.net

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