ILNews

Justices: 'Three Strikes Law' unconstitutional

Michael W. Hoskins
January 1, 2008
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A four-year-old state statute aimed at limiting frivolous lawsuits filed by prison inmates is unconstitutional because it effectively closes the courthouse doors altogether for certain people, a split Indiana Supreme Court ruled today.

Three of the five justices - Justices Theodore Boehm, Robert Rucker, and Brent Dickson - agreed that the state's 2004 "Three Strikes Law" violates the Indiana Constitution's Open Courts Clause. Chief Justice Randall T. Shepard and Justice Frank Sullivan disagreed and observed their colleagues' decision means many Hoosier litigants will have to wait longer for their day in court because of filings from "the very most abusive frequent filers in the state's prisons."

The 3-2 decision comes in Eric D. Smith v. Indiana Department of Correction, et al., No. 49S02-0804-CV-166, but it also brings with it unanimous decisions in three other suits from another inmate based on the majority's rationale in Smith. Those cases are James H. Higgason v. Indiana DOC, Nos. 46S04-0804-CV-167, 46S03-0804-CV-168, and 46S05-0804-CV-169. All four cases were granted transfer with the opinions today.

Smith entered the state's prison system after being convicted of arson in 2001. Specifically, he was found guilty of starting a fire in an apartment complex on the west side of Indianapolis that left 12 families homeless and resulted in $2 million in damages. He was sentenced to 20 years and is incarcerated at the Westville Correctional Facility.

He's filed dozens of suits since then, including the current one that involved his prison cell creation of a makeshift hammock - made from his bed sheet and water pipe - and refusal to come down until correctional officers provided him with copies of a brief he planned to file in litigation before the Indiana Court of Appeals. They used chemical spray and pepper balls to force him down, and he later filed an injury claim that the Marion Superior Court dismissed as frivolous under the state law.

Meanwhile, Higgason is also a state prison inmate incarcerated following a burglary conviction in 1985 that led to 25 years imprisonment because of his habitual offender status. Higgason brought the three claims addressed by the court today over photocopying fees for legal documents in several cases, all of which had been dismissed as frivolous.

At issue is Indiana Code 34-58-2-1, which says inmates are not allowed to file new litigation if they have at least three ongoing civil actions that a state court has dismissed. The only permissible reason would be if a court determines that inmate is in "immediate danger of serious bodily injury."

In theory, legitimate lawsuits move forward. Frivolous cases are dismissed.

The court didn't address the other 2004-adopted law IC 34-58-1-2, known as the Frivolous Claim Law, which Smith and Higgason didn't challenge as it provides that a court shall review complaints and petitions filed by offenders to determine if a claim should proceed.

In writing for the majority, Justice Boehm noted that Indiana's Three Strikes Law goes further than other jurisdictions attempting to limit frivolous claims from inmates.

"The Indiana Constitution does not balance the inconvenience of entertaining a claim against the right to seek redress from the courts subject to reasonable conditions," Justice Boehm wrote. "To the contrary, the right to petition the courts is absolute. This does not mean that meritless claims may not be summarily dismissed under the Frivolous Claim Law. It does mean that an individualized assessment of each claim is required, and a claim cannot be dismissed on the basis of who presents it rather than whether it has merit."

Justices relied on everything from state and federal caselaw in other jurisdictions, those state constitutions, the Indiana Constitution of 1816, and the English Magna Carta charter of 1215.

"Indiana is unique in imposing a complete ban on filing based on the plaintiff's prior litigation," Justice Boehm wrote. "The (law) sweeps with a broader brush than the law of any other United States jurisdiction because it operates as an indiscriminate statutory ban, not merely a condition to access to the courts. The law bars claims purely on the basis of the plaintiff's prior activity without regard to the merits of the claims presented."

But Chief Justice Shepard disagreed in a dissent that the majority describes as unfounded, contending that the decision will clog the courts to the exclusion of legitimate litigants.

Describing Smith as an "excellent poster boy" to highlight the Three Strikes Law and his amount of serial lawsuits as "impressive," the chief justice wrote the majority is taking an extraordinary step that is "quite paradoxal."

"The majority rates the cause of assuring Smith a hearing on the merits of every lawsuit he chooses to file as so important to the life of our state that it takes the extraordinary step of invalidating the General Assembly's effort to assure access to justice for all of Indiana's citizens," he wrote. "The decision to do so is not compelled by the organic documents of Western justice. One can revere the Magna Carta and still say with confidence that those who created it would be appalled that so many citizens should be pushed aside to make room for prison inmates pursuing their fifteenth or one hundred fifteenth lawsuit."

Justice Sullivan wrote in his dissent that the majority goes much further than necessary to protect a Hoosier's cherished right of access to courts, saying the legislature created a reasonable balance between that right and prison inmate litigation.

Both Chief Justice Shepard and Justice Sullivan concurred in result with the Higgason rulings, with Justice Sullivan noting that he believed the Three Strikes Law was constitutional as applied to Higgason but that the claim could be dismissed under the Frivolous Claim Law.

All four cases are reversed and remanded. In Smith, the justices ordered the trial judge to determine whether the claim should be dismissed under the Frivolous Claim Law. Higgason's three claims are to be dismissed under that statute, the court ordered.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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