Pagan v. Megan's Law
1:25-cv-00691
| M.D. Penn. | Jul 18, 2025Background
- Carlos Ortiz Pagan, an inmate at SCI Houtzdale, Pennsylvania, filed a pro se amended complaint under 42 U.S.C. § 1983 against prison officials, including Unit Manager Kelly and Warden Close.
- Pagan had previously pleaded guilty to multiple felonies involving sexual abuse of a minor and was serving a 7-to-14-year sentence; he contends his guilty plea was involuntary and maintains his innocence.
- Pagan alleged he was denied access to a required sex offender program (SOP) after initially refusing to participate, as participation required admitting guilt, which he refused because of ongoing legal challenges.
- Pagan claimed that Unit Manager Kelly’s refusal to allow him into the program was in retaliation for his filing grievances, and constituted excessive punishment and due process violations; he further alleged Warden Close failed to remedy the situation.
- The court screened his amended complaint under standards for pro se, in forma pauperis prisoners and recommended dismissal for failure to state a federal claim upon which relief could be granted, without leave to further amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of SOP violates Eighth Amendment | Denial is excessive punishment | No right to rehabilitative programs | Dismissed; no Eighth Amendment violation |
| Denial of SOP violates Due Process | Denial deprived chance at parole | No liberty interest in parole | Dismissed; no due process violation |
| Retaliation for filing grievances (First Amend.) | SOP denial was retaliation | Denial was due to SOP refusal; not retaliation | Dismissed; no causal link; no First Amendment violation |
| Supervisory liability of Warden Close | Close failed to fix Kelly's conduct | No personal involvement | Dismissed; no supervisory liability |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (sets pleading standard for federal complaints)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (complaints must state plausible claims for relief)
- Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment liability for deliberate indifference)
- Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1 (1979) (no constitutional right to parole)
- Rode v. Dellarciprete, 845 F.2d 1195 (3d Cir. 1988) (personal involvement necessary for § 1983 liability)
- Rauser v. Horn, 241 F.3d 330 (3d Cir. 2001) (First Amendment retaliation standard)