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← 850 N.E.2d 476 - Smith v. Maximum Control Facility

Smith v. Maximum Control Facility’s Empirical Analysis

2006

Citation profile

10
cited by 10 later decisions
1
states following
April 2016
most recently cited

10 state decisions

Relationships

Relies on Miller v. West Lafayette Community School Corp. · Smith v. Huckins · Counceller v. Counceller · Smith v. McKee · Smith v. Carrasco

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[i]f an offender has filed at least three (3) civil actions in which a state court has dismissed the action or a claim under IC 34-58-1-2, the offender may not file a new complaint or petition unless a court determines that the offender is in immediate danger of serious bodily injury (as defined in IC 35-41-1-25).”
    5 later decisions quote this exact passage
  2. “(a) A court shall review a complaint or petition filed by an offender and shall determine if the claim may proceed. A claim may not proceed if the court determines that the claim: (1) is frivolous; (2) is not a claim upon which relief may be granted; or (3) seeks monetary relief from a defendant who is immune from liability for such relief. (b) A claim is frivolous under subsection (a)(1) if the claim: (1) is made primarily to harass a person; or (2) lacks an arguable basis either in: (A) law; or (B) fact.”
    2 later decisions quote this exact passage
  3. “In dismissing Smith’s complaint, the trial court misunderstood the relief Smith was seeking. After receiving two favorable rulings from the Public Access Counselor, Smith sought to compel the Maximum Control Facility to permit him to inspect and copy the requested records. The motivation behind Smith’s request for these records is irrelevant and immaterial. Indiana Code § 5-14-3 — 3(a) provides that “[a]ny person may inspect and copy the public records of any public agency during the regular business hours of the agency, except as provided in section 4 of this chapter.” (emphasis added). In addition, “No request may be denied because the person making the request refuses to state the purpose of the request, unless such condition is required by other applicable statute.” Id. Though offender litigation is becoming prolific and statutes have been enacted to curb such litigation, Smith is entitled to access the public records, and he has the support of the Public Access Counselor. In his complaint, Smith sought an order “compelling the defendants to permit the Plaintiff to inspect and copy the public records he has requested....” Appellant’s App. p. 17. This is exactly what Indiana Code § 5-14-3-9(e) advises him to do. We therefore conclude that the trial court erred in dismissing Smith’s complaint.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.