United States District Court, District of Columbia
Gardner Bradley, Washington, DC, pro se.
Tricia Dianne Francis, U.S. Attorney's Office, Washington, DC, for Defendants.
RICHARD J. LEON, District Judge.
This matter is before the Court on Defendants' Motion for Summary Judgment [Dkt. # 11]. For the reasons discussed below, the motion will be granted.
In the Superior Court of the District of Columbia, plaintiff was convicted of assault on a police officer and destruction of property. See Defs.' Corrected Mot. for Summ. J. [Dkt. # 12] (" Defs.' Mot." ), Attach. 1 (Sentencing Monitoring Computation Data as of 12-15-2010). On completion of his prison term, on or about February 1, 2011, plaintiff began to serve a five-year term of supervised release under the supervision of the Court Services and Offender Supervision Agency (" CSOSA" ). See Compl. at 1-2 [Dkt. # 4] (page numbers designated by ECF); Defs.' Mot., Attach. 5 (Certificate of Supervised Release dated January 11, 2011). Based on a 1988 conviction in South Carolina for sexual misconduct with a minor, see Compl., Ex. (Sex Offender Registration Information), the United States Parole Commission (" USPC" ) imposed the following special condition:
[Y]ou 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 Supervision Officer, 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.
Id., Ex. (excerpt from Certificate of Supervised Release).
Details of the South Carolina conviction came to the attention of Anthony Hinton, plaintiff's Community Supervision Officer (" CSO" ):
An investigation into [plaintiff's] criminal history reflects that in 1989 he was convicted of Second Degree Criminal Conduct with a Minor. This officer ... contacted the South Carolina Department of Probation and Parole and requested information relative to the sex offense committed by [plaintiff]. The information was forwarded ... by email. It is to be noted that the victim of the offense was [plaintiff's] 12 year old cousin. [Plaintiff] fondled the victim and placed her mouth on his penis. The Presentence Report from the South Carolina Department of Probation, Parole and Pardon Services, along with other documents [were made available for the USPC's] review. It is of significance to note that [plaintiff] has been required to register as a sex offender under DC law.
Defs.' Mot., Attach. 6 (Letter from Anthony Hinton, CSO, CSOSA, to Rhonda Moore, Case Analyst, USPC, dated May 5, 2011) at 1; see id. (Presentence Investigation Report prepared by Youthful Offender Services Branch of the South Carolina
Department of Probation, Parole and Pardon Services dated January 11, 1989). Based on this information, CSO Hinton recommended that the conditions of plaintiff's supervised ...