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Court tackles scope of 'frivolous'

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The Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.

In Eric D. Smith v. Jeff Wrigley and David L. Ittenbach, No. 33A05-0903-CV-156, New Castle Correctional Facility inmate Eric Smith appealed the dismissal of his 42 U.S.C. Section 1983 suit against Jeff Wrigley, the superintendent, and David Ittenbach, the grievance executive assistant to the facility. Smith's suit alleges deprivation of his Eighth Amendment rights because inmates have no control over the temperature of the water during showers and he has to wear ankle shackles when he's taken out of his cell. He claimed the prison staff makes the water too hot or too cold to dissuade inmates from showering and possibly injuring them with the hot water; he said wearing the ankle shackles cause severe pain because he had broken his ankle.

The trial court reviewed his suit under the state's Frivolous Claim Law and dismissed it for being frivolous because it was made primarily to harass a person and lacked an arguable basis in both law and fact. But the Court of Appeals reversed, finding the complaint wasn't baseless on its face.

In order to determine the scope of "frivolous" in Indiana's law, the appellate court turned to the federal Prison Litigation Reform Act and Supreme Court of the United States rulings in Neitzke v. Williams, 490 U.S. 319, 325 (1989), and Denton v. Hernandez, 504 U.S. 25 (1992). Because the state's law tracks the federal statutes, as well as SCOTUS' interpretation of "frivolous" in those statutes, the Court of Appeals adopted that interpretation, wrote Judge Patricia Riley.

In Neitzke, the U.S. Supreme Court justices distinguished between claims that are legally frivolous and those that are factually frivolous: a legally frivolous claim is one of infringement of a legal interest which clearly doesn't exist, and a factual claim is one describing fantastic or delusional scenarios. Expanding on that in Denton, the SCOTUS ruled dismissal for factual frivolousness isn't proper simply because the court finds the plaintiff's allegations unlikely.

Smith's contentions that the scalding water temperatures or pain caused by the ankle shackles violate his Eighth Amendment rights is a valid legal theory and conclusion, even if it's eventually determined the facts he alleges are false, wrote Judge Riley. In addition, his claims don't meet the standard for factual frivolousness.

"While Smith's complaint might turn out to be baseless, it is not clearly baseless on its face. To borrow from one current United States Supreme Court justice, Smith's complaint does not include claims about little green men, his recent trip to Pluto, or his experiences in time travel," she wrote.

The appellate court acknowledged Smith's penchant for filing claims and noted he has more than 50 pending on the docket and there's a good chance he's filed countless more that just haven't made it to the Court of Appeals yet. Judge Riley mentioned former suits filed by Smith that were frivolous, such as his claim he has an inalienable right to Rogaine hair product.

Judge Riley also wrote the court has no doubt Smith files most of his complaints to primarily harass the defendants or the courts, which fits one of the definitions of Indiana's Frivolous Claim Law. And even though there is little reason to believe anything he says or writes, in cases such as this one, the courts cannot resolve his claims based on speculation.

"Put bluntly, we cannot endorse a system in which Eric Smith's complaints are dismissed merely because they were filed by Eric Smith. This would be the equivalent of shutting the courthouse doors altogether," she wrote. "Indiana's Three Strikes Law did the same thing to Smith, and last year, our supreme court found that law to be unconstitutional."

The appellate court also clarified their holding today isn't that all prisoner complaints must be allowed to proceed past the pleading phase, and ones that are facially frivolous - like requesting Rogaine - can be summarily dismissed at the screening stage. It also encouraged the General Assembly to consider some of the steps taken by other states in attempt to lessen the burden of meritless offender litigation.

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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