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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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