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GAITHER v. INDIANA DEPT. OF CORRECTION

No. 18A02-1111-MI-1073.

971 N.E.2d 690 (2012)

Mark GAITHER, Appellant-Plaintiff, v. INDIANA DEPARTMENT OF CORRECTION, et al., Appellees-Defendants.

Court of Appeals of Indiana.

July 17, 2012.

Attorney(s) appearing for the Case

Ronald K. Smith , Muncie, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Kathy Bradley , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

In this case, the Plaintiff was convicted of two counts of child molesting. In 1999, the General Assembly enacted two statutes requiring that sex offenders on probation and/or parole be prohibited from living within 1,000 feet of a school. These statutes were enacted several years after the Plaintiff committed his offenses. Accordingly, Plaintiff contends that the residency restriction placed on him by the statutes violates the Ex Post...

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