Justices: 'Three Strikes Law' unconstitutional

Michael W. Hoskins
January 1, 2008
Back to TopCommentsE-mailPrintBookmark and Share
A four-year-old state statute aimed at limiting frivolous lawsuits filed by prison inmates is unconstitutional because it effectively closes the courthouse doors altogether for certain people, a split Indiana Supreme Court ruled today.

Three of the five justices - Justices Theodore Boehm, Robert Rucker, and Brent Dickson - agreed that the state's 2004 "Three Strikes Law" violates the Indiana Constitution's Open Courts Clause. Chief Justice Randall T. Shepard and Justice Frank Sullivan disagreed and observed their colleagues' decision means many Hoosier litigants will have to wait longer for their day in court because of filings from "the very most abusive frequent filers in the state's prisons."

The 3-2 decision comes in Eric D. Smith v. Indiana Department of Correction, et al., No. 49S02-0804-CV-166, but it also brings with it unanimous decisions in three other suits from another inmate based on the majority's rationale in Smith. Those cases are James H. Higgason v. Indiana DOC, Nos. 46S04-0804-CV-167, 46S03-0804-CV-168, and 46S05-0804-CV-169. All four cases were granted transfer with the opinions today.

Smith entered the state's prison system after being convicted of arson in 2001. Specifically, he was found guilty of starting a fire in an apartment complex on the west side of Indianapolis that left 12 families homeless and resulted in $2 million in damages. He was sentenced to 20 years and is incarcerated at the Westville Correctional Facility.

He's filed dozens of suits since then, including the current one that involved his prison cell creation of a makeshift hammock - made from his bed sheet and water pipe - and refusal to come down until correctional officers provided him with copies of a brief he planned to file in litigation before the Indiana Court of Appeals. They used chemical spray and pepper balls to force him down, and he later filed an injury claim that the Marion Superior Court dismissed as frivolous under the state law.

Meanwhile, Higgason is also a state prison inmate incarcerated following a burglary conviction in 1985 that led to 25 years imprisonment because of his habitual offender status. Higgason brought the three claims addressed by the court today over photocopying fees for legal documents in several cases, all of which had been dismissed as frivolous.

At issue is Indiana Code 34-58-2-1, which says inmates are not allowed to file new litigation if they have at least three ongoing civil actions that a state court has dismissed. The only permissible reason would be if a court determines that inmate is in "immediate danger of serious bodily injury."

In theory, legitimate lawsuits move forward. Frivolous cases are dismissed.

The court didn't address the other 2004-adopted law IC 34-58-1-2, known as the Frivolous Claim Law, which Smith and Higgason didn't challenge as it provides that a court shall review complaints and petitions filed by offenders to determine if a claim should proceed.

In writing for the majority, Justice Boehm noted that Indiana's Three Strikes Law goes further than other jurisdictions attempting to limit frivolous claims from inmates.

"The Indiana Constitution does not balance the inconvenience of entertaining a claim against the right to seek redress from the courts subject to reasonable conditions," Justice Boehm wrote. "To the contrary, the right to petition the courts is absolute. This does not mean that meritless claims may not be summarily dismissed under the Frivolous Claim Law. It does mean that an individualized assessment of each claim is required, and a claim cannot be dismissed on the basis of who presents it rather than whether it has merit."

Justices relied on everything from state and federal caselaw in other jurisdictions, those state constitutions, the Indiana Constitution of 1816, and the English Magna Carta charter of 1215.

"Indiana is unique in imposing a complete ban on filing based on the plaintiff's prior litigation," Justice Boehm wrote. "The (law) sweeps with a broader brush than the law of any other United States jurisdiction because it operates as an indiscriminate statutory ban, not merely a condition to access to the courts. The law bars claims purely on the basis of the plaintiff's prior activity without regard to the merits of the claims presented."

But Chief Justice Shepard disagreed in a dissent that the majority describes as unfounded, contending that the decision will clog the courts to the exclusion of legitimate litigants.

Describing Smith as an "excellent poster boy" to highlight the Three Strikes Law and his amount of serial lawsuits as "impressive," the chief justice wrote the majority is taking an extraordinary step that is "quite paradoxal."

"The majority rates the cause of assuring Smith a hearing on the merits of every lawsuit he chooses to file as so important to the life of our state that it takes the extraordinary step of invalidating the General Assembly's effort to assure access to justice for all of Indiana's citizens," he wrote. "The decision to do so is not compelled by the organic documents of Western justice. One can revere the Magna Carta and still say with confidence that those who created it would be appalled that so many citizens should be pushed aside to make room for prison inmates pursuing their fifteenth or one hundred fifteenth lawsuit."

Justice Sullivan wrote in his dissent that the majority goes much further than necessary to protect a Hoosier's cherished right of access to courts, saying the legislature created a reasonable balance between that right and prison inmate litigation.

Both Chief Justice Shepard and Justice Sullivan concurred in result with the Higgason rulings, with Justice Sullivan noting that he believed the Three Strikes Law was constitutional as applied to Higgason but that the claim could be dismissed under the Frivolous Claim Law.

All four cases are reversed and remanded. In Smith, the justices ordered the trial judge to determine whether the claim should be dismissed under the Frivolous Claim Law. Higgason's three claims are to be dismissed under that statute, the court ordered.

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.