ILNews

Court rules on prison disciplinary action case

Michael W. Hoskins
January 1, 2007
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A divided Indiana Supreme Court issued a ruling on a prison discipline suit Tuesday, with one of the dissenting justices writing that the majority decision removes judicial review and violates both federal and state constitutions.

In Aaron Israel v. Indiana Department of Correction, 46S03-0706-CV-253, justices came down 3-2 on dismissing a case for lack of subject matter jurisdiction. Authoring Justice Frank Sullivan was joined by Chief Justice Randall T. Shepard and Justice Robert Rucker. Dissenting justices were Ted Boehm and Brent Dickson.

"The majority today expands its view of the sweep of (Indiana Code section 4-21.5-2-5(6)) to eliminate court jurisdiction of any claim tangentially related to prisoner discipline," Justice Boehm wrote, noting a 2005 decision in Blanck v. Indiana DOC that effectively eliminated judicial review on inmate disciplinary actions. "This is contrary to precedent and, I submit, cannot be correct."

Justice Boehm goes on to write that as interpreted by the majority, the statute violates both state and federal constitutions in that it goes against the openness of courts to all people.

"Even if the State's interest in avoiding mass inmate litigation over DOC disciplinary actions is compelling, the majority's reading of the statute insulates even illegal discipline from judicial review and denies access to the courts to assert conventional claims such as Israel's breach of contract," he wrote. "If read this broadly, the statute is not narrowly tailored to vindicate the state's interest."

While Justice Rucker agreed with the majority here, he wrote in a paragraph concurrence that he thinks Blanck was wrongly decided - a reason why he wrote separately.

"But Blanck and the authority on which it rests, is now settled law, namely: the enforcement of prison disciplinary sanctions are not subject to judicial review," he wrote.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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