Litigious inmate

August 3, 2009
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It seems like a month doesn’t go by without my reading an appellate case involving Eric D. Smith. It’s such a generic name, but his name always jumps out during a quick scan of the appellate opinions. He had two suits ruled on today.

Smith is very well-known by the courts, and because of the nature of our paper, we are also quite familiar with him. This inmate at the New Castle Correctional Facility has a penchant for litigation. According to appellate opinions, he has more than 50 cases on the docket and files about one suit a month.

Why? He’s purposely trying to clog up the judicial system. He’s upset about his arson conviction in 2001 and 20-year sentence. He’s filed dozens of law suits pro se alleging various violations involving makeshift hammocks, confiscated mail, and disciplinary hearing matters.

I don’t know of any other inmate who’s filed and appealed as many suits as Smith has. If there is, he or she isn’t appealing the trial court decisions with as much frequency as Smith.

Usually his suits get dismissed as frivolous, but every once in a while, he scores a victory. Last year, an appeal of his led to the Indiana Supreme Court holding the Three Strikes Law to be unconstitutional because it violated the Open Courts Clause of the state constitution.

As someone who reads appellate opinions every day, when I see his name on the list, I chuckle because I already have an idea that his case is going to be dismissed for being frivolous. I also think back to a handwritten letter he sent to Indiana Lawyer a few years ago, encouraging anarchy and saying he’s going to file every suit he can think of just to bog down the system. When you’re in prison, I guess that’s one way to try to “get back” at the judicial system.

I imagine the judges who have to deal with his filings aren’t amused. But as the appellate judges frequently point out, even if his suits end up being baseless, if they aren’t clearly baseless on the face, they have to survive. The courts still have to decide the merits of the case, even though they know Smith’s legal background.

Smith is getting his intended point across: He wants to annoy anyone who is responsible for putting him in prison and keeping him there. The judges in opinions constantly note his litigious nature, but by law, they must rule on his appeals. And as long as he keeps filing suits and the courts rule on them, we’ll keep writing about him.

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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues