Montgomery v. Indiana Department of Correction

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Jerry Montgomery, an inmate within the Indiana Department of Correetion (the "DOC"), acting pro se, appeals the trial court's order dismissing his complaint wherein he asserted a right to receive pornographic materials during his incarceration pursuant to Indiana Code § 11-11-8-6, governing printed materials received by incarcerated adults.1

We affirm in part, reverse in part, and remand.

ISSUES

1. Whether the trial court erred by granting the State's motion to dismiss Montgomery's complaint.

2. Whether the trial court erred by denying Montgomery's motion…