Immigrant detainee claims sex abuse at Moshannon Valley facility

Woman held at Mo Valley Center; complaint found ‘unsubstantiated’

An immigrant from the Dominican Republic has filed a federal civil rights complaint in which she charges that a chaplain at the Moshannon Valley Processing Center near Philipsburg repeatedly sexually abused her during her stay at the facility in 2023 and 2024.

The woman, who was recently released from detention and is a resident of Pennsauken, N.J., contends that the sexual abuse began with the chaplain making comments about her looks, proceeded to unwanted touching and concluded when he entered her cell and forced himself on her.

The lawsuit was filed late last week with the U.S. District Court in Johnstown by attorneys Jonathan H. Feinberg of Philadelphia, whose law practice focuses on civil rights violations, and Trina Realmuto and Kristen Macleod-Ball of the National Immigration Litigation Alliance of Brookline, Mass.

The defendants named in the complaint include: the Geo Group of Boca Raton, Fla., which owns the facility; Immigration and Customs Enforcement; and the Department of Homeland Security, the agencies which utilize Moshannon Valley to house nonresidents who are taken into custody.

Another defendant, identified as M. Koegler, is the coordinator who investigates complaints that fall under the Prison Rape Elimination Act, which requires authorities to review all complaints of sexual abuse in a federal facility.

She twice investigated the complaints against the chaplain but found them to be "unsubstantiated," primarily because there was no video evidence that showed contact between the chaplain and the victim, who for purposes of the federal complaint goes by the pseudonym of "Jane Doe."

The chaplain, Mark Melhorn of Brisbin, Clearfield County, when contacted, said he knew nothing about the lawsuit, but then added, "It's not true."

According to the lawsuit, the young female immigrant from the Dominican Republic was admitted to Moshannon Valley two years ago, and she was initially housed in a cell within the women's housing unit.

Melhorn was the chaplain at the facility, and the lawsuit indicated that Doe was a devout person of faith and she felt Melhorn could "provide her with important pastoral services and promote the exercise of her religion."

She looked forward to meeting with him to discuss Bible verses, sing hymns and engage in religious observance.

The lawsuit charged, "Melhorn violated that trust and engaged in a prolong and persistent campaign of sexual abuse directed at Ms. Doe."

Melhorn made regular visits to the women's housing unit and conducted a church service for all the women one evening a month.

Doe, it was explained, "was comforted to know that a chaplain was available to provide religious guidance."

She asked for a Bible, and it is alleged Melhorn brought her a Bible.

At one point, according to the complaint, he began commenting on her looks, using Spanish words such as "hermosa," "bonita" and "preciosa."

According to the complaint, he began touching her when handing her papers.

He eventually began to go into her cell.

She became "terrified" of his presence, but he warned her not to report him, the complaint continued.

She did not report him, but in April 2024, while with a mental health worker, she noted she was having trouble sleeping. When asked why she was having trouble sleeping, she revealed Melhorn's alleged abuse.

The worker explained she was obligated under the Prison Rape Elimination Act to report what was happening to her.

The review of her complaint ensued and at that point, Melhorn was removed from the woman's housing unit.

In May, Doe's complaint was found to be "unsubstantiated."

The report indicated her complaint had been investigated by both the Pennsylvania State Police and GEO.

She was told her complaint against Melhorn was considered unsubstantiated because of the lack of video evidence -- the facility's cameras did not capture an incident that she had described.

She also maintains she was never interviewed by the state police.

The abuse by Melhorn continued, the lawsuit stated.

For instance, according to Doe's complaint, she was moved to a protective custody area.

Melhorn found her there. She called for an officer and at that point, Melhorn left the area.

That led to a second investigation of allegations.

On July 31, 2024, they were again determined to be unsubstantiated.

However, on Aug. 27, 2024, her attorney entered the picture and filed a complaint on her behalf.

That same day, he requested that ICE release her from detention "based on among other things, Melhorn's sexual abuse."

Her attorney noted that at no time did ICE follow regulations of the Department of Homeland Security to remedy the sexual abuse being suffered by his client.

On Aug. 30, ICE released her from detention.

His client's exercise of her religion has been "substantially burdened by Melhorn's conduct," it is charged.

And as a result of his client's suffering abuse, she is now being treated for depression and anxiety and has been diagnosed with post-traumatic stress disorder.

The lawsuit asks financial damages on behalf of Doe, citing 11 separate counts that include: negligence by the United States of America (ICE and DHS); negligence (by Koegler and GEO); intrusion upon seclusion (by Melhorn and GEO); false imprisonment; negligent hiring (by GEO); and violation of the Religious Freedom Restoration Act (by Melhorn, Koegler and GEO).

The plaintiff is asking for compensatory damages, punitive damages and attorney's fees.

Initial review of the lawsuit has been assigned to U.S. Magistrate Judge Maureen P. Kelly, who presides in Pittsburgh.