Dunkleberger v. BD. OF PROB. & PAROLE

CRAIG, Judge.

Alan Dunkleberger appeals an order of the Pennsylvania Board of Probation and Parole which denied his request for administrative relief from an order recommitting him as a technical parole violator for failing to refrain from “assaultive behavior,” as required by condition 5c of his parole agreement and general parole conditions under 37 Pa.Code § 63.4(5)(iii). The pivotal issue here is whether a conditional threat of violence constitutes “assaultive behavior.”

In 1986, the board had paroled Dunkleberger after he served two years and nine months on a burglary conviction. On…