Legal Opinion

Smith v. McKee

Indiana Court of Appeals

Decided July 13, 2006No. 46A03-0510-CV-487PublishedCited by 7 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Eric D. Smith, an inmate at Westville Correctional Center, appeals the trial court's dismissal of his complaint pursuant to Indiana Code § 34-58-1-2, which provides a screening procedure for offender litigation. We find that the trial court properly dismissed Smith's claims concerning the prison's disciplinary actions. However, we find that the trial court erroneously dismissed Smith's claims concerning excessive force used against him. We therefore affirm in part, reverse in part, and remand.

Facts and Procedural History

On August 22, 2005, Smith, pro se, filed…

2Cases cited4 opinions

  1. Blanck v. Ind. Dep't of Corr.Indiana Supreme Court · 2005
  2. Smith v. HuckinsIndiana Court of Appeals · 2006
  3. Smith v. Maximum Control FacilityIndiana Court of Appeals · 2006
  4. Smith v. CarrascoIndiana Court of Appeals · 2006

3Cited by7 opinions

  1. Smith v. HuckinsIndiana Court of Appeals · 2006
  2. Smith v. Maximum Control FacilityIndiana Court of Appeals · 2006
  3. Smith v. CarrascoIndiana Court of Appeals · 2006
  4. Smith v. HarrisIndiana Court of Appeals · 2007
  5. Abdul-Wadood v. BatchelorIndiana Court of Appeals · 2007

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