Smith v. Indiana Department of Correction

BOEHM, Justice.

In 2004, Indiana enacted a “Three Strikes Law” providing that an inmate “may not file a complaint” if the inmate has filed three prior lawsuits that were dismissed as frivolous under the “Frivolous Claim Law.” Other jurisdictions seek to curb litigant abuses by imposing conditions on lawsuits by ‘(frequent filers.” Indiana’s Three Strikes Law goes further and purports to close the courthouse door altogether. We hold that this legislation violates the Open Courts Clause of the Indiana Constitution.

Facts and Procedural History

In 2005, Eric D. Smith was an inmate at the Maximum…