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Dennis v. Clarke

United States District Court, E.D. Virginia, Richmond Division

June 14, 2016

JAMES GARDNER DENNIS, Plaintiff,
v.
HAROLD CLARKE, Defendant.

          MEMORANDUM OPINION

          Robert E. Payne Senior United States District Judge

         James Gardner Dennis, a Virginia prisoner proceeding with counsel, submitted this 42 U.S.C. § 1983 complaint. Dennis demands relief upon the following grounds:

Claim One Dennis's forced participation in the Sex Offender Residential Treatment program ("SORT") violates his rights under the Fifth Amendment. (Compl. ¶ 21, ECF No. 1.)
Claim Two Dennis's forced participation in SORT violates his rights to due process because:
(a) it allows "Dennis to be labeled a violent sex offender, " (id. ¶ 14);
(b) it "has the potential to cause severe changes to the time to be served on his sentence, " (id.); and,
(c) "once an inmate is enrolled in the rehabilitation program, the inmate becomes subject to highly onerous conditions requiring his civil commitment after the inmate's sentence has been served" (id. ¶ 16).

         The matter is before the Court on Dennis's Motion for Emergency Temporary Restraining Order and Motion for Preliminary Injunction (collectively "Motions for Injunctive Relief, " ECF Nos. 28, 30) . Dennis seeks an order removing him from SORT and returning him to his prior place of incarceration. For the reasons set forth below, the Motions for Injunctive Relief will be denied.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A. Summary Of Materials Considered

         In evaluating the Motions for Injunctive Relief, the Court considers the following evidence submitted in support of and in opposition to the Motion for Summary Judgment. Clarke submitted an affidavit from Marissa M. Coon, the Program Director for SORT. (Mem. Supp. Mot. Summ. J. Ex. 1 ("Coon Aff., " ECF 10-1).) In response, Dennis submitted his own declaration. (Mem. Opp'n Mot. Summ. J. Ex. 1 ("Dennis Decl., " ECF No. 11-1).) Additionally, Dennis submitted a Psychological Evaluation And Assessment of Sexual Interest that appears to have been prepared as a defense exhibit for Dennis's criminal sentencing in 2008. (Id. Ex. 2 ("Psychological Evaluation, " ECF No. 11-2).)

         Additionally, the Court considers the evidence offered by the parties in support of and in opposition to the Motions for Injunctive Relief. Dennis has submitted his own declarations. (Mem. Supp. Mot. TRO & Prelim. Inj. Ex. 1 ("Dennis TRO Decl., " ECF No. 29-1)); (Reply Ex. 1, ("Dennis TRO Supp'l Decl., " ECF No. 34-1).) In opposition to the Motions for Injunctive Relief, Clarke has submitted, inter alia, an affidavit from S. Robertson, a Unit Manager at Greensville Correctional Center ("GCC"), (Def.'s Supp'l Resp. TRO Ex. 1, ("Robertson Aff., " ECF 32-1)), and the affidavit of S.R. Taylor, a nurse at GCC. (Id. Ex. 2, ("Taylor Aff.").)

         B. Summary Of Pertinent Facts

         1. Dennis's Convictions ...


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