Legal Opinion
Smith v. SGT. THOMPSON, DHB
Indiana Court of Appeals
Decided August 3, 2009No. 33A01-0905-CV-214PublishedCited by 1 opinion
1Opinion of the Court
OPINION
ROBB, Judge.
Case Summary and Issue
Eric Smith, an inmate at the New Castle Correctional Facility, appeals pro se the trial court's dismissal of his complaint as frivolous pursuant to Indiana Code section 34-58-1-2. For our review, Smith raises a single issue, whether the trial court improperly dismissed his complaint as frivolous. Concluding that Smith's claim is sufficient to withstand the initial sereening of the statute with respect to Thompson but not Holder, we affirm in part, reverse in part, and remand.
Facts and Procedural History
On February 13, 2009, Smith filed a complaint in…
2Cases cited6 opinions
- Denton v. HernandezSupreme Court of the United States · 1992
- Blanck v. Ind. Dep't of Corr.Indiana Supreme Court · 2005
- Riner v. RainesIndiana Supreme Court · 1980
- Smith v. Maximum Control FacilityIndiana Court of Appeals · 2006
- Smith v. WrigleyIndiana Court of Appeals · 2009
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3Cited by1 opinion
- Dominic A. Lowe v. Brian Smith, the Warden of the Putnamville Correctional Facility (mem. dec.)Indiana Court of Appeals · 2018