ILNews

Court urges early review of offender litigation

Michael W. Hoskins
January 1, 2008
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An Indiana state prison inmate has filed dozens of lawsuits with claims that a painful odor violated his constitutional rights, he's been repeatedly denied access to public records, victimized by excessive force, and not given proper treatment behind bars.

The Indiana Appellate Clerk's Office has 35 of Eric D. Smith's appeals, most being civil suits that include one decided today, and six that remain pending awaiting action.

Today, the Indiana Court of Appeals dismissed one of the 29-year-old's string of suits and the authoring jurist used the opinion to encourage trial judges to utilize a 2004 "three-strike" law limiting inmate's ability to file civil suits.

The opinion March 11 is Eric D. Smith v. Indiana Department of Correction, et al., No. 49A02-0706-CV-477.

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.

He's filed numerous suits since then, the current case involving an August 2005 complaint where Smith sought injunctive and declaratory relief as to his segregated confinement in the Westville facility. He claimed this violated his human rights, according to the opinion, and at one point submitted a 99-page affidavit in support of a motion for summary judgment.

In April 2007, Marion Superior Judge Cynthia Ayers granted summary judgment to the DOC and found that it didn't have jurisdiction on possible violations of the Universal Declaration of Human Rights, as Smith claimed had been violated. The Court of Appeals summarily affirms that decision and describes the suit as frivolous.

But it also cited a state statute as a reason to dismiss the suit.

"Given the extraordinary expenditure of public resources in addressing the litigation filed by Smith, and to avoid such unnecessary and unwarranted costs to society in similar matters in the future, we direct trial courts to review and consider the application Indiana Code 34, Article 58 before permitting actions by incarcerated offenders to proceed," Judge Carr Darden wrote as a footnote on the tail end of the 10-page opinion.

The state statute at the focus of this case is Indiana Code 34-58-1-2, 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 tossed out.

Another footnote in the opinion notes an interesting finding: that all cases in which the annotated Indiana Code 34-58-2 has been applied involved this particular inmate.

Among the suits Smith has filed, one that gained national recognition was a claim of "cruel and unusual punishment" against the DOC for not supplying him with Rogaine for a thinning hairline. In that suit, he claimed that his baldness caused him mental harm, pain, and self-image problems and he had a constitutional right to hair loss products. The case was dismissed, but not before Smith amended the complaint several times and the Indiana Attorney General's Office was required to respond more than once.

While Smith has previously been unavailable for interviews by Indiana Lawyer, a letter he wrote to the state Attorney General's Office in June 2006 shows that he is proud of his litigation that has taken up time in court.

"Ha Ha! I'm costing the DOC and taxpayers all kinds of money," he wrote. "You guys wanna keep me in prison? Fine! I'm gonna make sure that I'm a costly prisoner... and by the time this 20 years adds up and is over with, I'm gonna cost all of you thousands and thousands of dollars! There's nothing that you can do."
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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