ILNews

Inmate loses 3 appeals

Back to TopCommentsE-mailPrintBookmark and Share

Eric D. Smith, the New Castle inmate with the propensity for filing pro se suits, lost three appeals today with the Indiana Court of Appeals.

The Court of Appeals affirmed summary judgment in favor of a mailroom worker and the final reviewing authority officer for offender grievances in Eric D. Smith v. Jill Matthews and Linda Vannatta, No. 33A04-0903-CV-155. Smith alleged his constitutional rights were violated when books he requested on anarchy were confiscated and destroyed before he got them. Jill Matthews, the mailroom worker, placed them in a box for review by prison officials. Another official made the decision to destroy them. Linda Vannatta affirmed the confiscation, and Smith alleged she was deliberately indifferent to his claims. The trial court granted summary judgment in favor of Matthews and granted Vannatta's motion for judgment on the pleadings.

"Even if Smith's First Amendment rights were violated - and we do not mean to imply that they were - Matthews could not be liable for such a violation, because she had no authority to determine the materials were prohibited or to order their destruction," wrote Judge Margret Robb.

Smith's due process claim against Vannatta doesn't have merit because the United States' Constitution doesn't require a jail have grievance procedures and doesn't protect state-created inmate grievance procedures. Even if Smith's allegations are true, he failed to state a claim for which 42 U.S.C. Section 1983 provides a remedy, wrote the judge. Smith has an administrative remedy for wrongful deprivation of property in Indiana Code Section 34-13-3-7.

Smith also lost in his appeal of a 42 U.S.C. Section 1983 complaint alleging Eighth and 14th amendment violations following the use of tear gas by the Department of Correction in the unit where he was housed after some inmates started a fire. He claimed it caused him pain and suffering. The Court of Appeals affirmed the dismissal of his complaint pursuant to I.C. Section 35-58-1-2 in Smith v. Stanley Knight, et al., No. 48A02-0902-CV-124. His complaint had no arguable basis in law or fact, wrote Judge Carr Darden.

The appellate court also affirmed the dismissal of Smith's complaint against the DOC commissioner and employees of the GEO Group, Inc., which operates and manages the New Castle Facility, in Smith v. J. David Donahue, et al., No. 33A01-0812-CV-607. In this complaint, Smith alleged violations of his First and 14th amendment rights when he was denied adequate use of the law library, assistance from a legal assistant, and that he had been prevented from posting mail and was treated differently than other inmates.

In April 2008, the Indiana Supreme Court ruled the state's 2004 "Three Strikes Law" violated the Indiana Constitution's Open Courts Clause based on an appeal by Smith of one of his suits against the Department of Correction.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

ADVERTISEMENT