Bleeke v. Lemmon

In 2005, Appellant was convicted of a sex crime against an adult female. In 2009, Appellant was released to statutorily mandated parole. The conditions of Appellant’s parole prohibited Appellant from having contact with children, even his own, and included a requirement that Appellant participate in, and successfully complete, a state treatment program for sex offenders. Appellant filed suit, seeking a declaratory judgment as to the constitutionality of those parole conditions. The trial court granted summary judgment to Appellant with respect to the conditions involving Appellant’s family but otherwise denied Appellant summary judgment on his other claims. Before the case reached the Supreme Court, the Parole Board conceded that it no longer sought to impose the parole conditions in a manner that would restrict Appellant’s relationships with his children and wife. The Supreme Court (1) concluded that some of Appellant’s parole conditions were impermissible, including the conditions that were aimed at restricting Appellant from being near or associating with children, as there was no evidence that Appellant was a threat to children; (2) found no fault with the remainder of the conditions; and (3) found no constitutional flaw in the state treatment program. View "Bleeke v. Lemmon" on Justia Law