An appellate panel has granted a man’s petition for rehearing, but only to correct a factual error it made in its original decision in his case.
David Pannell, who was incarcerated at a correctional facility, petitioned for rehearing of a memorandum decision in his case, in which he filed a civil complaint against his facility’s law library employee, Bessie Leonard. Pannell accused Leonard of unfairly depriving him access to the library.
The LaPorte Superior Court denied Pannell’s motion for relief from the judgment of the U.S. District Court for the Northern District of Indiana, which the Indiana Court of Appeals affirmed in a March memorandum decision. However, the appellate court granted rehearing Monday for the limited purpose of correcting one factual error in its ruling.
“In our original decision, we stated incorrectly that on March 6, 2018, the federal district court had dismissed Pannell’s complaint ‘with prejudice.’ … Whereas, the federal district court had dismissed his complaint ‘without prejudice,’ and remanded back to the trial court for consideration of any state-law claims by Pannell. Aside from the factual error, we affirm our original memorandum decision in all aspects,” Senior Judge Carr Darden wrote.
The case is David Pannell v. Bessie E. Leonard, 19A-PL-938.