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Michael andre Jones, et al v. Isaac Fulwood

May 16, 2012

MICHAEL ANDRE JONES, ET AL., PLAINTIFFS,*FN1
v.
ISAAC FULWOOD, JR., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Amy Berman Jackson United States District Judge

MEMORANDUM OPINION

This matter is before the Court on the defendants' motion to dismiss. For the reasons discussed below, the motion will be granted.

I. BACKGROUND

Theodore Wrenn ("plaintiff") was convicted in the Superior Court of the District of Columbia on one count of first degree child sexual abuse. Mem. of P. & A. in Supp. of Defs.' Mot. to Dismiss ("Defs.' Mem."), Ex. J (Judgment and Commitment/Probation Order, United States v. Wrenn, No. F5502-98 (D.C. Super. Ct. Feb. 25, 1999)). Plaintiff describes the underlying offense as follows:

48. That on or about March 1998, Plaintiff entered his sister's house in a drunkard state and high on drugs. He noticed his twelve year old daughter lying on the floor, sleeping.

49. Plaintiff had begun rubbing on his daughter's hands and legs when his niece entered the room.

50. Plaintiff was lain [sic] prostrate on top of his daughter.

51. Plaintiff's niece threatened calling the police under the fear factor of when she too had been sexually abused by her father.

52. Plaintiff ran from the house, immediately, and went to his brother's house.

53. July 29, 1998, marshals arrested Plaintiff and he was charged with First Degree Sexual Abuse of a minor . . . .

Compl. at 23-24 (page numbers designated by the Court).*fn2 In February of 1999, the Superior Court imposed a five to 15 year term of imprisonment. Defs.' Mem., Ex. J.

By the time of the plaintiff's initial parole hearing on June 5, 2003, see Defs.' Mem., Ex. K (D.C. Adult Initial Hearing Summary dated June 5, 2003) at 1, the District of Columbia Board of Parole ("Board") had been abolished, and the United States Parole Commission ("USPC") had assumed jurisdiction to make parole decisions for District of Columbia Code offenders, see D.C. Code § 24-131. The hearing examiner deemed the plaintiff "an extremely dangerous individual in as much as he had the capacity to have sexual intercourse with his own 11 year old daughter on three separate occasions prior to the instant offense." Id., Ex. K at 2. He applied the parole guidelines promulgated by the USPC ("2000 Guidelines") and recommended an upward departure from the guidelines. Id. The USPC concurred:

After consideration of all factors and information presented, a decision above the Total Guideline Range is warranted because you are a more serious risk than indicated by your Base Point Score. You admitted during the hearing that you had sexually abused your daughter on 3 occasions prior to the instant offense. During the hearing, you attempted to mitigate your commission of the offense. During your incarceration, you have not participated in any programs related to your offense that would make you less of a risk to the community if released. In addition, ...


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