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Johnson v. Williams

March 30, 2010

JAMES F. JOHNSON, PLAINTIFF,
v.
ANTHONY WILLIAMS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Reggie B. Walton United States District Judge

MEMORANDUM OPINION

This matter is before the Court on a motion to dismiss or, in the alternative, for summary judgment, filed on behalf of Paul Quander, Paul Brennan, Anthony Hinton, and John Taberski.*fn1

For the reasons discussed below, the defendants' motion will be granted, and this civil action will be dismissed in its entirety.

I. BACKGROUND

In November 1976, the plaintiff was sentenced in the Superior Court of the District of Columbia to an aggregate term of six to 30 years incarceration for burglary while armed, rape while armed, assault with a dangerous weapon, and carrying a pistol without a license. United States Parole Commission's Opposition to Petitioner's Petition for a Writ of Habeas Corpus, Johnson v. Harrison, No. 05cv2504 (D.D.C. filed April 3, 2006) (Ex. G (June 16, 2005 Alleged Violation(s) Report) at 1).*fn2 Apparently the plaintiff had been released on parole for the 1976 conviction, and while on parole committed new offenses that resulted in the imposition of a prison sentence in February 1997 of 40 months to 10 years for carrying a pistol without a license, and one year for possessing an unregistered firearm. Id.

The United States Parole Commission ("USPC") released the plaintiff on parole from his 1997 sentence on October 10, 2003. Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment ("Defs.' Mem."), Declaration of Paul S. Brennan ("Brennan Decl."), Ex. 4 (Certificate of Parole) at 1.*fn3 The Court Services and Offender Supervision Agency ("CSOSA") was responsible for supervising the plaintiff's parole and for carrying out the conditions of release imposed by the USPC. See D.C. Code § 24-133(c)(4) (2001). John Taberski ("Taberski") initially was assigned as the plaintiff's community supervision officer ("CSO"), and when their relationship soured, Anthony Hinton ("Hinton") was assigned to supervise the plaintiff. Defs.' Mem. at 4; Complaint ("Compl.") ¶ 8. Paul Brennan, a Supervisory CSO, supervised both CSO Taberski and CSO Hinton. Defs.' Mem. at 4; see id., Brennan Decl. ¶ 2.

Among the conditions of the plaintiff's parole were the following:

4. You shall make a complete and truthful written report (on a form provided for that purpose) to your [CSO] between the first and third day of each month, and on the final day of parole. You shall also report to your [CSO] at other times as your [CSO] directs, providing complete and truthful information.

5. You shall not violate any law. You shall not associate with persons engaged in criminal activity. You shall get in touch within 2 days with your [CSO if you are] arrested or questioned by a law enforcement officer.

6. You shall not associate with persons who have a criminal record without the permission of your [CSO].

14. You shall cooperate fully with those responsible for your supervision. You shall carry out the instructions of your [CSO] and report as directed, knowing that failure to do so may be sufficient to cause your return to the institution.

16. If you have been convicted of any sexual offense,... you must report for registration with your state (including the District of Columbia) sex offender registration agency as directed by your [CSO].

United States Parole Commission's Opposition to Petitioner's Petition for a Writ of Habeas Corpus, Johnson v. Harrison, No. 05cv2504 (D.D.C. filed April 3, 2006) (Ex. D (Certificate of Parole) at 3-4).

A. The Plaintiff's Status as a Sex Offender

Since April 2003, the plaintiff has been registered in the District of Columbia as a sex offender. Defs.' Mem., Brennan Decl., Ex. 2 (Sex Offender Registry Information). In May 2003, CSO Taberski ordered the plaintiff to undergo a psychosexual assessment by Dr. Michael Lavin. See Compl. ¶¶ 1-2; Defs.' Mem., Brennan Decl., Ex. 3 (Psychosexual Evaluation of James Johnson). Dr. Lavin placed the plaintiff "in the medium-high risk category of sexual offenders, based on [an] assessment... completed on February 24, 2004," United States Parole Commission's Opposition to Petitioner's Petition for a Writ of Habeas Corpus, Johnson v. Harrison, No. 05cv2504 (D.D.C. filed April 3, 2006) (Ex. E (Request for Modification(s) of Release Conditions) at 1), and recommended that the plaintiff undergo sex offender treatment, see Defs.' Mem., Brennan Decl., Ex. 5 (James Johnson Treatment Recommendation). In making his assessment, Dr. Lavin considered the results of polygraph and plethysmograph tests, as well as information from CSO Taberski regarding the plaintiff's plans to have his teenage daughter spend weekends with him at his residence. Id., Ex. 5 at 1. Based on Dr. Lavin's recommendation and "other... behavior on the [plaintiff's] part that suggest[ed] that he present[ed] [a] grave threat to the community, namely minors," United States Parole Commission's Opposition to Petitioner's Petition for a Writ of Habeas Corpus, Johnson v. Harrison, No. 05cv2504 (D.D.C. filed April 3, 2006) (Ex. E at 1), the USPC imposed the following additional conditions on the plaintiff's parole:

You shall not have any association or contact of any kind with minor children, whether in your residence, employment, social, or other activities, without the approval of your [CSO].

In addition, you shall be subject to the Special Sex Offender Aftercare Condition. You shall participate in an in-patient or out-patient mental health program as directed by your [CSO], with special emphasis on long-term sex offender testing and treatment. You are expected to acknowledge your need for treatment and to participate in good faith in achieving the program goals that will be established for you. Special Search Condition to allow CSOSA to conduct searches of your person, property and abode, at a reasonable time and manner by your CSO, in order to determine if you continue to have contact with minor[s] or possess items used to groom minors.

Defs.' Mem., Brennan Decl., Ex. 6 (March 1, 2004 Notice of Action). Notwithstanding these conditions, the plaintiff continued to have contact with minors, including his teenage daughter. See id., Ex. 5 at 5-8; United States Parole Commission's Opposition to Petitioner's Petition for a Writ of Habeas Corpus, Johnson v. Harrison, No. 05cv2504 (D.D.C. ...


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