By Ben Solis
Gongwer News Service
Department of Corrections Director Heidi Washington and several others named as defendants in a lawsuit – which alleges constitutional violations from a prisoner who was to undergo sexual assault programming while incarcerated – have asked a federal judge to dismiss the case.
Washington and others in Scott v. Whitmer (USEDM Docket No. 23-13125) asked the court to dismiss the case on Friday.
U.S. District Judge Stephen Murphy of the Eastern District of Michigan has yet to decide the matter, court records show.
The plaintiff, Donald Scott, claimed his due process rights were violated by the department and its staff, including Washington, by recommending that he complete Michigan Sexual Abuse Prevention Programming without a hearing, despite him not being convicted of a sexual offense. He also alleges prison staff and administrators retaliated against him by increasing his regimen of MSAPP courses and by ignoring kite requests meant to notify higher administrators of misconduct by staff.
Washington and the defendants argued that many of the allegations are contradicted by records produced in response to the lawsuit. Additionally, the defendants argued that the plaintiff has not alleged the department labeled him as a sex offender, nor has he alleged that he was transferred involuntarily to a unit for sex offenders nor was he made to register as a sex offender.
"Scott's allegations about his classification as a sex offender stem solely from his MSAPP recommendation, its inclusion in his file, and the failure of the Parole Board to immediately parole him," the motion to dismiss said. "And despite his claims, Scott's parole was denied for a number of factors, as highlighted by the Parole Board in its denial. This court issued an order and opinion denying Scott's motion for preliminary injunction, affidavit and petition for default judgment on January 10. This court found that Scott was unlikely to succeed on the merits of his claims as he has no protected liberty interest in the voluntary conditions or preconditions of parole."
Washington and several defendants, including members of the Parole Board, argued they have immunity from suit, both from 11th Amendment protections and quasi-judicial immunity. The claims for declaratory relief are nonjusticiable and should be dismissed, the defendants argued, as Scott lacks standing and is no longer in MSAPP classes and has been transferred.
Scott also failed to state a valid procedural due process claim, Washington and the defendants argued, and he does not have a clearly established right to due process to avoid a recommendation from the Parole Board.
The complaint should be dismissed, they argued.
Gongwer News Service
Department of Corrections Director Heidi Washington and several others named as defendants in a lawsuit – which alleges constitutional violations from a prisoner who was to undergo sexual assault programming while incarcerated – have asked a federal judge to dismiss the case.
Washington and others in Scott v. Whitmer (USEDM Docket No. 23-13125) asked the court to dismiss the case on Friday.
U.S. District Judge Stephen Murphy of the Eastern District of Michigan has yet to decide the matter, court records show.
The plaintiff, Donald Scott, claimed his due process rights were violated by the department and its staff, including Washington, by recommending that he complete Michigan Sexual Abuse Prevention Programming without a hearing, despite him not being convicted of a sexual offense. He also alleges prison staff and administrators retaliated against him by increasing his regimen of MSAPP courses and by ignoring kite requests meant to notify higher administrators of misconduct by staff.
Washington and the defendants argued that many of the allegations are contradicted by records produced in response to the lawsuit. Additionally, the defendants argued that the plaintiff has not alleged the department labeled him as a sex offender, nor has he alleged that he was transferred involuntarily to a unit for sex offenders nor was he made to register as a sex offender.
"Scott's allegations about his classification as a sex offender stem solely from his MSAPP recommendation, its inclusion in his file, and the failure of the Parole Board to immediately parole him," the motion to dismiss said. "And despite his claims, Scott's parole was denied for a number of factors, as highlighted by the Parole Board in its denial. This court issued an order and opinion denying Scott's motion for preliminary injunction, affidavit and petition for default judgment on January 10. This court found that Scott was unlikely to succeed on the merits of his claims as he has no protected liberty interest in the voluntary conditions or preconditions of parole."
Washington and several defendants, including members of the Parole Board, argued they have immunity from suit, both from 11th Amendment protections and quasi-judicial immunity. The claims for declaratory relief are nonjusticiable and should be dismissed, the defendants argued, as Scott lacks standing and is no longer in MSAPP classes and has been transferred.
Scott also failed to state a valid procedural due process claim, Washington and the defendants argued, and he does not have a clearly established right to due process to avoid a recommendation from the Parole Board.
The complaint should be dismissed, they argued.
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