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SMITH v. SGT. THOMPSON, DHB

No. 33A01-0905-CV-214.

910 N.E.2d 260 (2009)

Eric D. SMITH, Appellant-Plaintiff, v. Sgt. THOMPSON, DHB, and Barry Holder, Appellees-Defendants.

Court of Appeals of Indiana.

August 3, 2009.

Attorney(s) appearing for the Case

Eric D. Smith, New Castle, IN, Appellant Pro Se.

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 screening of the statute with...

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