ILNews

Prisoner litigant's case deemed frivolous

Back to TopCommentsE-mailPrintBookmark and Share

One of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.

In a memorandum decision today in Eric D. Smith v. William K. Wilson, et al., No 46A03-0808-CV-432, the court focused on whether LaPorte Superior Judge Paul Baldoni properly concluded that Smith's civil complaint against some Department of Correct employees was subject to summary dismissal under Indiana's "Frivolous Claim Law" for pro se prisoner litigants.

Smith alleged the DOC employees had wrongfully confiscated mail order items he'd bought, violated his freedom of religion rights by not delivering a Wiccan pentagram necklace he'd ordered, and that prison officials were retaliating against him for frequently filing lawsuits and successfully overturning the state's "Three Strikes Law" aimed at curtailing pro se prisoner litigation.

Convicted of arson in 2001, Smith is serving a 20-year sentence at the Westville Correctional Facility and has filed dozens of suits through the years. One of those, Eric D. Smith v. Indiana Department of Correction, et al., No. 49S02-0804-CV-166, resulted in the Indiana Supreme Court finding the four-year-old state statute unconstitutional because it effectively closed the door on some prisoners and their ability to file legitimate claims.

But this case was reviewed under the similar Frivolous Claim Law, and the appellate judges agreed that it was properly dismissed. The panel rejected Smith's claims in this suit because prison officials allowed him to receive part of an order, and that it would be illogical to believe those officials would have permitted him to receive part of it if they intended to retaliate against him.

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. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

ADVERTISEMENT