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Man wins appeal of case against Indiana Parole Board

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Several conditions of a man’s parole following his conviction of criminal deviate conduct involving an adult – including prohibitions on spending time with his own children – were found to be overbroad or vague by the Indiana Court of Appeals Wednesday. The judges reversed the grant of partial summary judgment in favor of the Indiana Parole Board and other defendants on David Bleeke’s complaint for declaratory and injunctive relief.

As part of his parole, the parole board imposed conditions that prevented him, as a sex offender, from working or volunteering at any attraction designed to be enjoyed by children under 16. Additional conditions listed on his standardized form – conditions 4, 5, 17, and 19 – prohibited him from associating with minors, including his own children and step-children.

Bleeke filed a complaint in federal court challenging similar aspects of his parole, which led to the parole board holding a special hearing as a result of a court order. The federal court preliminary enjoined the parole board from enforcing conditions 4, 5, 17, and 19 with regard to his children and stepchildren. Bleeke presented evidence from his Sex Offender Management and Monitoring Program supervisor and others that he posed no risk to children. The board decided to uphold all the parole conditions previously imposed.

That’s when Bleeke filed his complaint in Allen County, leading to this appeal. Before a final judgment was issued in this case, he moved to Ohio to be closer to his wife and children. In 2011, Allen Superior Judge Nancy Eshcoff Boyer converted the preliminary injunction regarding his own family to a permanent injunction, but granted summary judgment to the parole board on all other issues raised by Bleeke.

The Court of Appeals found that Bleeke shouldn’t be considered as an offender against children based on his criminal deviate conduct conviction because that statute dictating that classification is only applicable to offenses committed after July 1, 2006. Bleeke committed sexual deviate conduct in 2002.

The judges pointed out that the parole board witnesses presented evidence that Bleeke isn’t a danger to children, so I.C. 13-11-3-4(g)(2)(D), which limits legitimate conduct regarding employment and association, is overbroad as applied to Bleeke. They found other conditions were also either overbroad or vague as applied to him, including condition 8 that Bleeke may not visit businesses that sell sexual devices or aids.

The appellate court also found that by participating in the SOMM program, he may be forced to incriminate himself or else risk probation revocation. The SOMM program’s requirements violate the Fifth Amendment, Senior Judge Carr Darden ruled in David Bleeke v. State of Indiana, Edwin G. Buss, Gregory Server, Randall P. Gentry, Thor R. Miller, Valerie J. Parker, William R. Harris, Mia Kelsaw, Damita VanLandingham, and Susan Feasby, 02A05-1201-PL-25.

The judges sent the case back to the trial court with instructions that it vacate summary judgment for the parole board and enter summary judgment in favor of Bleeke; enter an order enjoining the parole board from enforcing any conditions premised on the idea that Bleeke is a danger to minors; enter an order enjoining the parole board from enforcing parole conditions 8, 15, 17 and 19; and enter an order enjoining the board from requiring Bleeke to incriminate himself as part of the SOMM program.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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