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Prisoner adequately stated First Amendment claim against DOC employees

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The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.

Natalie Medley brought her lawsuit against the DOC employees – some who worked at the Rockville Correctional facility and some who reviewed her grievances.

Medley’s visitation privileges were first modified to no-contact for six months after she was found to have violated prison rules by fleeing or resisting prison staff. The no-contact order was extended for another year after she was caught in the bathroom hugging another inmate in an allegedly sexual manner. The restrictions were imposed by a DOC rule – referred to a “three-strikes rule” –  that would permanently restrict certain visitation after the third offense of either fleeing from staff or engaging in sexual conduct.

After filing her grievances, Medley was transferred for several months to the Indiana Women’s Prison before returning to Rockville. Her visitation restrictions have since expired. Medley then brought her civil rights complaint, alleging violations of Indiana law and the state and federal constitutions, as well as that she was retaliated against for filing her grievances.

The Court of Appeals affirmed the dismissal of all of Medley’s claims related to alleged violations of the Indiana Code and the Indiana Constitution. The trial court lacked subject matter jurisdiction regarding the claims arising under I.C. 11-11-5-4 and 11-11-3-9.

The judges also affirmed the dismissal of Medley’s Due Process and Equal Protection claims under the United States Constitution, as well as her claim that the “three strikes” policy infringes upon her First Amendment “right of association.” She failed to state a claim that the policy, as applied to hers and others found to have committed sex-related offense, violates Article 1, Section 23 of the Indiana Constitution.

But they did allow her suit to continue regarding her claims of retaliation against the DOC employees at the Rockville facility.

“We conclude that if prison officials in fact decided to exercise their discretion so as to punish Medley more harshly by revoking her contact visitation privileges and to transfer her to IWP in retaliation for her protected activity and they would not have done so if she had not engaged in that activity, it would be sufficient to state a First Amendment retaliation claim,” Judge Michael Barnes wrote in Natalie Medley v. Bruce Lemmon, Julie Stout, Pam Ferguson, Stacey Milner, Sherry White, L.A. Vannatta, Mike Pavese, Virginia McCullough, 61A01-1209-PL-420.
 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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