James E. Manley, Appellant-Plaintiff,
Gregory F. Zoeller, et al, Appellees-Defendants.
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
James Manley appeals the trial court's dismissal of his
complaint against the Indiana Department of Correction
("DOC") and Liberty Behavioral Health Corporation
("Liberty"). We dismiss and remand.
The dispositive issue we address is whether Manley's
appeal should be dismissed because the order he challenges
was not a final judgment.
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.
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).
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
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
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 ...