Smith v. Wrigley

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Plaintiff, Erie D. Smith (Smith), an inmate at the New Castle Correctional Facility, appeals the dismissal of his 42 U.S.C. § 1983 action against Jeff Wrigley (Wrigley), the superintendent of that facility, and David Ittenbach (Itten-bach), the grievance executive assistant at the facility.

We reverse.

ISSUE

Smith presents two issues for our review, one of which we find to be dispositive and restate as: Whether the trial court erred in dismissing Smith's complaint as frivolous under Indiana's Frivolous Claim Law, Ind.Code § 34-58-1-2.

FACTS AND…