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COA reverses one dismissal of inmate's suit

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The New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today. The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a Department of Correction rule violation for filing a frivolous claim.

In Eric D. Smith v. Sgt. Thompson, DHB, and Barry Holder,  No. 33A01-0905-CV-214, Smith appealed pro se the dismissal of his complaint against Thompson, whose first name isn't listed in the suit, and Barry Holder as frivolous pursuant to Indiana Code Section 34-58-1-2. Smith's complaint in the instant case stems from a disciplinary hearing that was conducted with Thompson serving as the sole hearing member. After a trial court dismissed a Feb. 13, 2009, complaint as frivolous, the DOC charged Smith with a disciplinary rule violation for filing a frivolous claim.

Thompson found Smith guilty; Holder, acting for DOC Superintendent Jeff Wrigley, denied the appeal. Smith filed his complaint March 24, alleging Thompson and Holder denied his due process rights under the 14th Amendment. He claimed Thompson violated DOC policy by conducting the disciplinary hearing alone and that Thompson excluded Smith from the hearing and continued the hearing in his absence. Smith alleged Holder was indifferent to his claims on appeal. The trial court dismissed Smith's March 24 complaint as frivolous.

The Court of Appeals affirmed the dismissal of the complaint against Holder because Smith failed to make factual allegations of a depravation of due process, except that Holder was indifferent to his appeal. This is an attempt to appeal a DOC disciplinary action, which state courts can't review, wrote Judge Margret Robb.

Smith's claim against Thompson shouldn't have been dismissed, the appellate court determined. Because the trial court dismissed his complaint ab initio, the state never filed an answer nor did it take part in this appeal. Absent information to the contrary, the appellate court has to accept as true the well-pleaded facts in Smith's complaint, wrote the judge.

"[A]s a result, we must assume that the hearing was conducted in violation of DOC policy. In addition, Smith's exclusion from the hearing, if true, could constitute a violation of his basic due process rights," she wrote.

The Court of Appeals agreed with another panel of the court that given Smith's penchant for litigation, there's a strong possibility his claims in the instant case are false or exaggerations.

"While Smith's complaint may turn out to be baseless, it is not clearly baseless on its face, and it is sufficient to survive the screening of the statute with respect to Thompson," she wrote.

The case is remanded for further proceedings in light of the opinion.

The same appellate panel in a separate case also affirmed the dismissal of a separate complaint filed by Smith against Thompson; Wrigley; Jill Matthews, a former employee at the New Castle facility mailroom; and David Ittenbach, a current employee of the facility, ruling the trial court didn't err in dismissing his case as frivolous.

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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