Ortega v. Ford
| Decision Date | 27 March 2023 |
| Docket Number | 20-cv-36-NJR |
| Parties | ALDO ORTEGA, Plaintiff, v. TANYA FORD, JOSEPH BLAHA, ENAITE AKPORE, JOSEPH PATE, and ERNEST VANZANT, Defendants. |
| Court | U.S. District Court — Southern District of Illinois |
Plaintiff Aldo Ortega, a former inmate of the Illinois Department of Corrections (“IDOC”) who was placed on Mandatory Supervised Release (“MSR”) on August 19, 2019 brought this case pro se pursuant to 42 U.S.C § 1983 alleging violations of his constitutional rights and Illinois law. Defendants Tanya Ford, Joseph Blaha, Enaite Akpore, Joseph Pate, and Ernest Vanzant now move for summary judgment (Doc. 67). Ortega, through counsel, filed a response in opposition to the motion (Doc. 75). Defendants filed a reply brief (Doc. 79).
In 2012, Ortega was convicted for “possession of child pornography, reproducing and selling” (Doc. 67-1, p 15). He received a four-year sentence, with the requirement to serve 50% of the sentence, and MSR of three years to life (Id. at pp. 15-16). Ortega was initially paroled in December 2013 (Id. at p. 17). He was subject to a number of conditions on release, including having a parole site and abiding by all the rules, regulations, and the law. He was to refrain from contact with the victims and to attend offender treatment (Id. at p. 19). Prior to his release, he signed an MSR agreement agreeing to the conditions (Id.).
Ortega's original parole host site, his parents' home, was denied because his father got into an argument with the parole agent (Id.). Ortega obtained another host site at a family member's home and was released on December 16, 2013 (Id. at pp. 55-57). In April 2014, he resubmitted his parents' residence for approval and was allowed to move to his parents' home at that time (Id. at pp. 57-59).
Ortega testified that after moving into his parents' residence there were constant issues between his parole agent and his parents (Doc. 67-1, p. 60). His father complained because he believed that Ortega would be able to have more freedom in movement to assist his parents with chores and shopping (Id. at p. 61). Ortega witnessed several verbal disagreements between the agents and his father (Id at pp. 61-62). Ortega's father specifically argued with Blaha, Ortega's parole agent, about Ortega's ability to take his father to the hospital and grocery shopping (Id. at p. 62). Ortega's father also complained that Ortega was not able to leave the house to look for a job (Id.).
On August 5, 2015, Blaha completed a parole violation report (Doc. 67-2). The report indicated that a number of violations were found when Blaha and another agent conducted a face-to-face visit with Ortega. They had visited Ortega in order to locate an expired passport that Ortega indicated he had in his possession (Id. at p. 1). Ortega testified that he needed a new passport in order to sign up for school and had previously asked Blaha to be allowed to leave his house to obtain a new passport from Walgreens (Doc. 67-1, pp. 68-70). He and Blaha had argued over the phone the day before the search because Blaha believed Ortega wanted the passport in order to escape (Id. at pp. 70-71). Ortega indicated he had an expired passport in his mother's possession (Id. at p. 73; 67-2, p. 1).
During the search, Blaha found a number of items in violation of Ortega's MSR agreement including DVDs, iPhones with internet access, alcohol, a PlayStation 3, and access to Wi-Fi (Doc. 67-2, pp. 1-3). In the report, Blaha noted that Ortega's parents were aware that the host site could not have alcohol, computers, internet, or Wi-Fi (Id. at p. 3). The agents also indicated their belief that Ortega sought a passport to flee the country (Id. at p. 2). Blaha observed that there were safety concerns at the home, noting that Ortega's father was upset during the search and displayed a wood rod in a threatening manner (Id. at p. 3). Ortega was taken into custody after the search. (Id. at p. 2). In the report, Blaha recommended that Ortega's parents' home be declared off limits as a future host site because the location was “not conducive to the rehabilitation of the offender and agent safety.” (Id. at p. 3). The report noted several issues with the host site, going back to April 2014 (Id. at p. 2).
Ten days after being returned to custody, Ortega receive a parole violation report (Doc. 67-1, p. 79). He had a parole violation hearing in September 2015 (Id. at pp. 79-80). He was given at least two weeks' notice of the hearing (Id. at p. 80). After some initial questioning, a parole board member decided to continue the hearing to seek clarification on how to proceed (Id. at pp. 80-81). Ortega agreed to the continuance, and his hearing was rescheduled for March 15, 2016 (Id. at p. 83). He received notice 30 days prior to the parole revocation hearing (Id.).
At the hearing, Ortega asked to be declared a violator, believing that if he was labeled a violator he could serve two years and be discharged from his parole requirements (Doc. 67-1, pp. 83-84). He told the parole board member that he did not have a host site other than his parents' house (Id. at 83-84). Ortega testified that he believed if he served out his full period of confinement, four years, he would be discharged from parole because another inmate told him that was how parole worked (Id. at p. 87).
The parole board informed Ortega he could not be declared a violator because Vanzant, the records office supervisor at Big Muddy Correctional Center (“Big Muddy”), sent a letter indicating that field services were working to find Ortega a proper host site for continuing MSR (Id. at p. 84). Ortega testified that he never had any contact with Vanzant other than to request a copy of the letter, which was refused (Id. at p. 85). Ortega recalled filing a grievance, and the Administrative Review Board denied his request for a copy of the letter, as he was not allowed access to information in the master files at the prison (Id. at p. 85).
After the hearing, on March 16, 2016, Ortega sent a request for his parents' house to be considered for his host site (Doc. 67-1, p. 89). His request was denied, and he was told he would need to submit a different address for placement (Id.). He did not submit a new address (Id. at p. 90). In October or November 2016, he had another hearing before the parole board (Id. at pp. 91-92). By that time, Ortega had transferred to Robinson Correctional Center. Ortega was not able to coordinate having his parents at the hearing because he received only one weeks' notice of the hearing (Id. at pp. 92-93). Although given the opportunity to reschedule the hearing in order to allow for his parents' attendance, he declined (Id. at p. 93). Ortega informed the parole board member that he did not have a host site and, instead, he wanted to be declared a violator in order to finish out his sentence and be discharged completely (Id. at pp. 93-94). The board member declared him a violator and continued his release date until September 15, 2017 (Id. at p. 94). The confinement period was backdated to August 15, 2015, the date of his initial violation (Id.). Ortega was informed that he would still be subject to MSR because it remained in effect until discharged (Id.). The MSR would not be discharged by the completion of his sentence (Id. at p. 95).
After the hearing, Ortega resubmitted his parents' address as a host site. He believed that Tanya Ford sent him a request for a new host site, and he provided his parents' address (Id. at pp. 95-96). The request was again denied because the site had unsafe conditions (Id. at p. 97). Ortega believed that Tanya Ford informed him of the denial (Id.).
Ortega testified that he believed he became eligible for re-release on MSR on August 15, 2017, because he had served the remaining two years of the confinement period (Doc. 67-1, p. 98). He believed this because of what another inmate told him and acknowledged that no one from IDOC ever informed him that he would be released (Id. at p. 99). He again submitted his parents' address as a host site; it was denied (Id. at p. 100). After his release date passed, he received a notice of violations of his MSR (Id. at p. 101). The violation report, dated August 7, 2017, indicated that Ortega lacked a suitable host site for his release (Doc. 67-4).
At the hearing, in either October or November 2017, Ortega was declared a violator but was informed he could be considered for release to MSR if he submitted a suitable host site (Doc. 67-1, pp. 105-106). After the hearing, he sent request slips inquiring as to why his parents' address was not approved, and they referred him back to the initial parole violation paperwork in which Blaha recommended against allowing Ortega's parents' home as a host site (Id. at pp. 106-108). Ortega believed that Tanya Ford responded to two of the four or five request slips he sent (Id. at pp. 107-109).
Ortega testified that he learned from other inmates that in order to obtain release to a halfway house, the halfway house would have to contact the institution, and the halfway houses did not contact the institution unless IDOC contacted them first (Id. at p. 109-110). His understanding was that IDOC did not contact a halfway house unless the halfway house contacted them (Id.). He never talked to anyone at IDOC or any staff at his prison about the possibility of a halfway house (Id. at p. 110).
Ortega eventually paroled from IDOC custody on August 15, 2019 (Doc 67-1, p. 115). He had submitted a grievance requesting his parents' address as a host site (Id. at p. 116). Ortega believed he was released approximately five days after submitting the grievance (Id.). Ortega also filed a grievance...
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