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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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