Appeals court rules against former inmate

SPOKANE — In a 2-1 decision, the Washington State Court of Appeals, Division 3, dismissed a lawsuit filed by a former Grant County Jail inmate who claimed the Department of Corrections (DOC) owed him protection from gang members.

Ahmet Hopovac, no city of residence or age listed, was released after a stint in the Grant County Jail for residential burglary, theft and forgery in January 2011. After his release, Hopovac reported to a Community Corrections office to start his court ordered community supervision. Per the conditions of Hopovac’s community supervision, he was prohibited from leaving Grant County and possessing a firearm.

When Hopovac initially reported for community supervision, he asked to transfer his supervision to Idaho, as he was homeless in Grant County and had family to live with in Idaho. The corrections officer handling his case told Hopovac they would discuss the issue the next day, but Hopovac did not report for an appointment the following day. A DOC warrant was issued for his arrest.

He was arrested nearly two months later and admitted to using methadone, methamphetamine and marijuana at his next supervision appointment. His DOC officer put in the transfer request to Idaho, but Idaho denied the request, due, in part, to Hopovac using drugs and failing to report to the DOC officer.

In mid-April a run in with a violent gang member at a friend's house caused Hopovac to start fearing for his life. A gang member reportedly arrived at his friend’s house, telling them he had shot someone and needed a place to stash the gun. Hopovac’s friend agreed to hide the gun for a few hours, but the friend later went to police and reported what he knew about the shooting.

Believing he was an informant, gang members started following Hopovac and threatening his friend. At a subsequent supervision appointment, Hopovac informed community corrections supervisor Kimberly Allen he was in danger and needed to leave the state.

Allen told him she needed a police report to put in the request and told him to go to the police. Hopovac told her he couldn’t go to the police because he was being followed by gang members.

“Ms. Allen told Mr. Hopovac there was nothing she could do for him,” reads the appeals court’s decision.

On May 24, 2011 Hopovac was reportedly walking to a gas station and was jumped by a group of gang members and forced into a car. The gang members brought Hopovac to a house where they proceeded to pull off two of his toenails with pliers and partially severed several of his fingers with an axe. Doctors were able to reattach the severed fingers.

Hopovac later sued the DOC and Allen, claiming the DOC owed “a duty of care to protect him from assault by the gang members.” The DOC argued it did not owe him protection from assault while he was under community supervision and moved for a summary judgment from the trial court. Summary judgments resolve lawsuits before they proceed to trial. The summary judgment was granted to the DOC, with Hopovac appealing the decision.

Hopovac’s appeal boiled down to his belief that the DOC owed him protection because the terms of his community supervision, specifically the conditions which stated he couldn’t possess a firearm and/or leave Grant County, left him at a disadvantage when it came to protecting himself.

The decision states that Hopovac, like almost all persons under DOC supervision, was a convicted felon and not allowed to be in possession of a firearm because of his felon status.

“Because his right to possess a firearm was lost by virtue of his felony conviction, this condition of community custody did not deprive Mr. Hopovac of any right,” reads the decision.

When it comes to Hopovac not allowed to leave Grant County, the decision reads that Hopovac was not deprived of “normal opportunities for protection” and still had various other ways in which he could have protected himself.

“Among other opportunities to protect himself. Mr. Hopovac still could carry a weapon (other than a gun), he still could move anywhere within Grant County, and he still could report the threats to law enforcement and law enforcement could take appropriate actions,” reads the decision.

Judge George Fearing agreed with a large portion of the 2-1 decision, but disagreed with the majority’s decision with regard to Hopovac request to leave Grant County out of fear of the gang members. Fearing said he would leave it up to a jury to address the questions of whether the DOC “breached a duty” and if the breach caused Hopovac injury.

Richard Byrd can be reached via email at city@columbiabasinherald.com.