Moshannon Valley Processing Center owner wants parts of sexual assault lawsuit struck

Former detainee claims chaplain sexually assaulted her at facility

The GEO Group, which owns the Moshannon Valley Processing Center, and two employees of the immigration detention center have petitioned the federal court in Johnstown to strike portions of a lawsuit brought by a former detainee who claims she was sexually assaulted by the facility's chaplain.

The former detainee, referred to in a lawsuit filed in late September under the pseudonym of Jane Doe, contended that chaplain Mark Melhorn repeatedly sexually abused her when she was housed in Moshannon Valley the past two years.

Her complaints were investigated, as required under the Prison Rape Elimination Act, but were found to be "unsubstantiated."

The lawsuit contends that the investigations were not thorough and the person who conducted them was also named as a defendant.

Doe, a native of the Dominican Republic, focused on her treatment by Melhorn.

She described herself as a person of faith, and she asked Melhorn to provide her with a Bible.

Her lawsuit stated, "As a devout person who placed great emphasis on her faith, Ms. Doe believed Melhorn's work as chaplain at MVPC would provide her with important pastoral services and promote her exercise of religion."

The lawsuit stated she trusted Melhorn and looked forward to meeting with him to "discuss Bible verses, sing hymns, and engage in religious observance."

Melhorn, she contends in her lawsuit, began making comments about her looks.

He began staring at her and his conduct, she stated, advanced to "unwanted touching."

Doe said that he eventually "forced himself on her."

Her initial complaints were investigated by Melena Koegler and were found to be unsubstantiated.

After the finding, she claims that Melhorn's conduct toward her continued "unabated."

She began to experience "extreme emotional pain and suffering, manifesting in anxiety, nightmares and difficulty sleeping."

She was ultimately diagnosed as experiencing Post Traumatic Stress Disorder.

Her lawsuit was filed by Philadelphia attorney Jonathan H. Feinberg and attorneys Trina Realmuto and KristIn Macleod-Ball, representing the National Immigration Litigation Alliance of Brookline, Mass.

It is an 11-count lawsuit seeking money damages against Geo Secure Services LLC; Melhorn, who lives in Clearfield County; and Koegler.

The lawsuit also named the "United States of America" as a defendant, as the facility is for detention of individuals taken into custody by the Immigrations and Customs Enforcement.

Melhorn, when contacted at Moshannon Valley after the lawsuit was filed, stated Doe's charges "were not true."

And just last Friday, attorney Matthew H. Fry of West Conshohocken filed a motion on behalf of the defendants seeking to strike several of the charges.

The many counts in the lawsuit include assault and battery against Melhorn, intentional infliction of emotional distress, false imprisonment, intrusion of Doe's private space, negligence by GEO and Koegler and a violation of the Religious Freedom Restoration Act, among others.

The defendants are asking the court to dismiss the claim of Doe for false imprisonment, noting Doe was lawfully incarcerated.

The claim that her private space had been violated should also be dismissed, as Doe, an inmate at Moshannon Valley, "had no right to seclusion," the defense contends.

The defendants also object to Doe's claim that her rights under the Religious Freedom Restoration Act were violated.

Doe, it is contended, did not report any actions by the defendants to prevent Doe from practicing her religion.

The defendants also asked the Court to strike portions of the lawsuit that unfairly characterize the charges.

For instance, the lawsuit, in headlines, referred to the investigations as "shams."

Another headline in the lawsuit stated, "Melhorn is permitted to sexually abuse Ms. Doe yet again."

"All of these headings are unnecessary as they are technically not part of the pleading itself, and would not be part of the complaint that allows defendants to answer," it was noted.

Magistrate Judge Maureen Kelly, who presides in Pittsburgh, has been assigned the case.