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Inmate loses 3 appeals

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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.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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