Illinois Voices for Reform and Joshua Hale have filed a lawsuit against the Illinois State Police, alleging significant procedural failings that affect thousands of individuals listed on the state's Sex Offender Registry. The complaint was lodged in the United States District Court for the Northern District of Illinois on February 12, 2025, targeting Brendan Kelly in his official capacity as Director of the Illinois State Police.
The plaintiffs, led by Illinois Voices for Reform—a non-profit advocating for rational sex offense laws—and Joshua Hale, an individual adversely affected by these alleged failings, claim that the Illinois State Police (ISP) has not established a process to correct errors on the state's Sex Offender Registry. This omission allegedly violates the Fourteenth Amendment's guarantee of procedural due process. According to the complaint, ISP is responsible for maintaining and ensuring the accuracy of this registry but has failed to provide registrants with any means to rectify erroneous information. As a result, individuals like Hale are left with no recourse when misclassified on this public platform.
Joshua Hale's personal ordeal exemplifies these broader issues. Convicted in April 2010 of criminal sexual abuse under Illinois law, Hale was required to register as a "sex offender" for ten years. However, due to an error, he is incorrectly labeled as a "sexual predator" on the registry website—an error that significantly impacts his legal rights and reputation. Despite attempts to correct this misinformation through official channels—including contacting local law enforcement and using outdated ISP hotline numbers—Hale has found no resolution.
The lawsuit contends that such procedural inadequacies breach due process rights under 42 U.S.C. §1983. It highlights how ISP's current policy defers responsibility to local law enforcement agencies without equipping them with necessary procedures or authority to amend registry inaccuracies. This systemic failure leaves affected individuals without effective remedies or means to challenge incorrect designations.
The plaintiffs seek injunctive relief requiring ISP to implement constitutionally adequate processes for correcting registry errors and declaratory judgment recognizing current policies as unconstitutional under the Fourteenth Amendment. They also request reasonable attorney’s fees and costs associated with bringing this action.
Representing the plaintiffs are attorneys Adele D. Nicholas and Mark G. Weinberg from Chicago-based law firms specializing in civil rights litigation. The case is identified under Case No. 25-cv-1477.