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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.