Prisoner litigant's case deemed frivolous

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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.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...