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Manley v. Zoeller

Court of Appeals of Indiana

May 31, 2017

James E. Manley, Appellant-Plaintiff,
v.
Gregory F. Zoeller, et al, Appellees-Defendants.

         Appeal from the Henry Circuit Court The Honorable Kit C. Dean Crane, Judge Trial Court Cause No. 33C02-1509-PL-67

          APPELLANT PRO SE James E. Manley New Castle, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General of Indiana Aaron T. Craft Matthew R. Elliott Deputy Attorneys General Indianapolis, Indiana

          BARNES, JUDGE.

         Case Summary

         [¶1] James Manley appeals the trial court's dismissal of his complaint against the Indiana Department of Correction ("DOC") and Liberty Behavioral Health Corporation ("Liberty").[1] We dismiss and remand.

         Issue

         [¶2] The dispositive issue we address is whether Manley's appeal should be dismissed because the order he challenges was not a final judgment.

         Facts

         [¶3] In 1997, Manley was convicted of two counts of Class A felony child molesting and two counts of Class B felony child molesting. The victim was Manley's eight-year-old daughter. Manley received an aggregate fifty-five-year sentence. He currently has a projected earliest release date from the DOC of October 18, 2021.

         [¶4] Manley admitted his conduct to police but unsuccessfully sought to suppress that confession, and we affirmed his convictions on direct appeal. See Manley v. State, No. 53A04-9806-CR-333 (Ind.Ct.App. Feb. 18, 1999). After his initial direct appeal, Manley has filed a number of pro se, collateral challenges to his convictions, sentence, and treatment within the DOC, in both state and federal courts. See, e.g., Manley v. Butts, 71 N.E.3d 1153 (Ind.Ct.App. 2017); Manley v. Indiana Dep't of Corr., No. 3:13-CV-1308 JD (N.D. Ind. July 6, 2015).

         [¶5] In 1999, the DOC implemented the Sex Offender Management and Monitoring Program ("SOMM") with the goal of reducing sex offender recidivism. The provision of SOMM services is contracted out to Liberty. As of 2006, persons convicted of child molesting must participate in SOMM or face deprivation of good time credit, following amendment of Indiana Code Section 35-50-6-5 to expressly permit such deprivation.

         [¶6] The SOMM program has three phases. The first is informing the prisoner of the program and the obtaining of consent from a prisoner to participate in it, followed by evaluation of the prisoner's risk of recidivism and treatment needs if consent is obtained. If a prisoner does not consent to participation in SOMM, it is considered a violation of DOC disciplinary rules.

         [¶7] The second phase of SOMM, which begins three years before a prisoner's expected release, is participation in a treatment program based on their recidivism risk, the offense of which they were convicted, and/or their psychoeducational needs. Reports related to their treatment are forwarded to outside treatment providers when the offender goes on parole. Part of the required therapy during phase two of SOMM is that a prisoner discuss their sexual history and admit to any sexual offenses they have committed ...


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