JOHNSTOWN: The federal government is asking a judge to dismiss the United States from a civil lawsuit filed in U. S. District Court in Johnstown by a former detainee of the Moshanon Valley Processing Center (MVPC) who alleges she was sexually abused by the facility’s chaplain.

The lawsuit was filed last year by a woman described in the filing as a native of the Dominican Republic, who was housed at MVPC from August 21, 2023, until August 10, 2024, according to the report. The case was filed under the pseudonym Jane Doe.

Allegations Center On Chaplain At MVPC

The woman told the court she was a “a devout person of faith” and believed the chaplain at MVPC would provide pastoral services, but instead she alleges the relationship became abusive.

In the lawsuit, she claims the chaplain, Mark Melhorn of Clearfield County, “became enamored with her and eventually sexually abused her,” according to the report.

The article states the woman indicated she complained about the chaplain’s advances, but her lawsuit maintains that investigations into her complaint did not meaningfully address what she reported. She contends the investigations were “perfunctory in nature.”

The report also notes that the chaplain denies the allegations, and it says investigations into the woman’s allegations were conducted twice and resulted in the conclusion that her complaints were unfounded.

Who Is Named In The Lawsuit

According to the report, the defendants include:

• The United States
• The GEO Group Secure Services, LLC, of Boca Raton, Florida, which the report says owns the former prison facility
• U.S. Immigration Customs and Enforcement (ICE), which uses MVPC as a detention center
• The facility’s chaplain
• An investigator assigned to look into complaints of sexual assault under the federal Prison Rape Elimination Act

The lawsuit also alleges the woman was subjected to “severe misconduct” by agents or entities connected to the operation of the detention center, including the chaplain and investigator, according to the report.

Why The U. S. Wants Out Of The Case

The dismissal request was filed by U.S. Attorney Troy Rivetti and Assistant U.S. Attorney Heidi M. Grogan, both based in Pittsburgh, the report states.

In its petition, the federal government argues it is shielded by sovereign immunity under the Federal Tort Claims Act, which generally means the United States cannot be sued unless it has consented. The report explains that while some lawsuits can proceed against the government for “negligent or wrongful acts” of federal employees acting within the scope of their employment, the government’s position is that the people at the center of this case were not federal employees.

Specifically, the petition argues that workers at MVPC are not federal workers but contractors, and therefore the Tort Claims Act preserves the United States’ “sovereign immunity” for injuries connected to actions of contractors or contractor employees, according to the report.

Contract Relationships Highlighted In Federal Filing

A key part of the government’s argument, according to the report, is how MVPC is operated and who employs the individuals named in the lawsuit.

The federal petition claimed ICE entered into an agreement with Clearfield County—where MVPC is located—requiring ICE to ensure the safekeeping of detainees.

However, the report states that 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. filing also stated that two employees being sued are not employees of the United States. The petition adds: “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.

The government also points to language in the GEO agreement with Clearfield County that it says shifts liability away from the county and ICE, stating GEO agreed 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.”

Victim’s Attorney Disputes Dismissal Effort

The report says the attorney for the alleged victim disagrees with the conclusion of government lawyers and is opposing the bid to dismiss the United States from the civil case based on immunity arguments.

The woman has since relocated to New Jersey, the report states, and is represented by Philadelphia attorney Eleanor Carpenter.

What Happens Next

The case is being overseen by Magistrate Judge Maureen P. Kelly in Pittsburgh, according to the report. If the court grants the federal government’s request, the lawsuit could continue against remaining defendants, but the United States would no longer be a party to the case.

If the court denies the request, the case would proceed with the United States still named as a defendant—potentially expanding the scope of legal questions about responsibility, oversight, and the relationship between federal detention authorities and contracted facility operations.

For now, the central issue before the court is whether the claims described in the lawsuit can be pursued against the federal government at all—or whether sovereign immunity and contractor status bar that portion of the case.