The federal government has asked that it be dismissed as a defendant from a lawsuit filed last year with the U.S. District Court in Johnstown by a former detainee of the Moshannon Valley Processing Center who claims she was sexually abused by the facility’s chaplain.

The lawsuit was filed by a native of the Dominican Republic who was housed in Moshannon Valley from Aug. 21, 2023, until Aug. 10, 2024.

The young woman who filed the complaint indicated that she was “a devout person of faith” and believed the chaplain at MVPC would provide her with pastoral services.

She claimed in her lawsuit that the chaplain, Mark Melhorn of Clearfield County, became enamored with her and eventually sexually abused her.

She indicated that she complained about his advances, but her lawsuit maintains that investigations of her story twice resulted in the conclusion that her complaints were unfounded.

Melhorn also denies her charges.

The victim, who filed the lawsuit under the pseudonym of Jane Doe, contends that the investigations were perfunctory in nature.

The defendants in the case include: the United States; the Geo Group Secure Services LLC of Boca Raton, Fla., which owns the former prison; U.S. Immigration Customs and Enforcement, which uses MVPC as a detention center; as well as the chaplain and the investigator who was assigned to look into complaints of sexual assault under the federal Prison Rape Elimination Act.

U.S. Attorney Troy Rivetti and Assistant U.S. Attorney Heidi M. Grogan, in Pittsburgh, have now filed a petition seeking dismissal of the United States from the lawsuit.

Doe alleges that while at MVPC, she was subjected to “severe misconduct” by agents of the United States, GEO Secure Services LLC and the chaplain and the investigator.

The lawsuit charges that ICE, GEO and the staff at MVPC “failed to prevent or adequately investigate the abuse despite prior reports.”

In its response, the government stated, under the Federal Tort Claims Act, the United States is immune from lawsuit unless it consents to be sued, although lawsuits can be brought against an employee of the government for any “negligent or wrongful acts” while acting within the scope of his office or employment.

In the Doe case, the government argues that the employees at Moshannon Valley are not federal workers but are contractors, and the Tort Claims Act “preserves the United States’ sovereign immunity” for injuries resulting from the actions of parties that contract with the federal government or employees of those contracting parties.

The federal petition proclaimed that ICE entered into an agreement with Clearfield County (where the facility is located) requiring that ICE ensure the safekeeping of the detainees.

However, the same day as that agreement was signed, Clearfield County signed a services contract with GEO to operate the facility — the company that hired the chaplain and the investigator.

The U.S. petition stated that two employees being sued are not employees of the United States.

“The United States is further removed from the negligence of GEO employees because GEO’s contract is with Clearfield County, not the United States,” according to the federal petition.

But the government points out that GEO, in the agreement with Clearfield County, also assented to “hold harmless Clearfield County and ICE … from any and all claims arising from or related to any action or inaction caused by negligence of GEO or any of its agents under the supervision of GEO.”

The attorney for the alleged victim in the case disagrees with the conclusion of the government lawyers who are asking the District Court in Johns­town to dismiss the civil case against the USA due to the immunity clause.

Magistrate Judge Maureen P. Kelly in Pittsburgh is presiding over the lawsuit.

The victim, who has since relocated to New Jersey, is being represented by Philadelphia attorney Eleanor Carpenter.