Blackmon v. Duckworth

675 N.E.2d 349, 1996 WL 734978
CourtIndiana Court of Appeals
DecidedApril 2, 1997
Docket48A04-9605-CV-180
StatusPublished
Cited by18 cases

This text of 675 N.E.2d 349 (Blackmon v. Duckworth) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blackmon v. Duckworth, 675 N.E.2d 349, 1996 WL 734978 (Ind. Ct. App. 1997).

Opinions

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Pro-se Plaintiff-Appellant Jeffery Black-mon (Blackmon) appeals from the trial court’s entry of summary judgment in favor of Defendant-Appellee Jack Duckworth (Duckworth) following Blackmon’s complaint for declaratory judgment.

We reverse and remand with instructions.

ISSUE

Blackmon raises one issue which we restate as follows: Whether Ind.Code 11 — 11—5— 5(a)(10), which entitles an inmate to have his or her prison record expunged of any reference to a charge for which the inmate is found not guilty, also entitles an inmate to expungement of all references to the incident giving rise to the charge located within the inmate’s institutional packet.

FACTS AND PROCEDURAL HISTORY

The following facts are undisputed. Black-mon is an inmate at the Indiana State Reformatory. Duckworth is the superintendent of the Reformatory. On July 20, 1994, Black-mon received a Report of Conduct for allegedly throwing hot water on a fellow inmate. He was charged with committing battery upon another person, a violation of Indiana Department of Correction’s Disciplinary Code Number 102. Blackmon was immediately placed in administrative segregation pending the outcome of the disciplinary proceedings. On August 3, 1994, a hearing was held before the Indiana Reformatory Conduct Adjustment Board pursuant to Ind.Code 11-11-5-5 et seq., and Blackmon was found not guilty of battery. Because Blackmon was found not guilty, no reference to the battery charge was included in the conduct section or any part of his institutional packet. However, Blackmon’s institutional packet contains several references to the incident which gave rise to the charge. It is these references with which Blackmon takes issue.

Convinced that references to the incident remained in his prison record, Blackmon made repeated requests of the State Reformatory to view all confidential and other filings relating to the investigation of the battery incident. Upon being denied access to those files, Blackmon filed a complaint for declaratory judgment in the trial court asking that the court clarify his rights and the Department of Correction’s obligations under Ind.Code ll-ll-5-5(a)(10). Duckworth admitted in his answer that the IDOC Offender Information System maintains confidential files on all inmates, including Blackmon, which information is relevant to issues of institutional security and classification decision-making. Blackmon moved for summary judgment, and Duckworth cross-motioned. In support of his cross-motion for summary judgment, Duckworth designated the affidavits of the Administrative Assistant to the Superintendent of the Indiana State Reformatory and the Release Coordinator of the Reformatory. Both testified that they had [351]*351reviewed the Conduct Adjustment Board section of Blackmon’s institutional packet and found no reference to the battery charge. Both men further opined that information regarding the altercation should be maintained because of its relevance to issues of institutional security and classification decision-making criteria.

The trial court heard argument on the motions on January 17, 1996, and on February 2, issued its order entering summary judgment in favor of Duckworth. Specifically, the trial court found in pertinent part as follows:

The Court finds that, although Ind.Code § ll-ll-5-5(a)(10) states that the plaintiff is entitled to have his record expunged in reference to the 1994 charge of battery of which he was found innocent, it cannot be inferred from that statute that the Indiana General Assembly intended that all Indiana Department of Correction records making any reference to that incident be expunged.
The Court finds that there exists no reference to the 1994 charge of battery of which the Plaintiff was found innocent within the Conduct Section of the Plaintiffs Institutional Packet.
The Court finds that Indiana Department of Correction has a valid interest in retaining any records of incidents and proceedings involving offenders within its custody and control for classification decision-making criteria and for institutional security purposes and safety concerns.
IT IS THEREFORE ORDERED that the Defendant’s Motion for Summary Judgment be GRANTED with prejudice, in favor of the Defendant and against the Plaintiff.

(R. 154-55). Blackmon appeals.

DISCUSSION AND DECISION

Standard of Review

In reviewing a ruling on a motion for summary judgment, we use the same standard used by the trial court. Lim v. White, 661 N.E.2d 566, 568 (Ind.Ct.App.1996). Summary judgment is appropriate only when the evidentiary matter designated by the parties shows that there is no -genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Indiana Patient’s Compensation Fund v. Anderson, 661 N.E.2d 907, 908 (Ind.Ct.App.1996), trans. denied; Ind.Trial Rule 56(C). Cross motions for summary judgment on the same issues do not alter our standard of review. Our inquiry remains whether a genuine issue of material fact exists which requires trial on the merits. Fifth Third Bank of Southeastern Indiana v. Bentonville Farm Supply, Inc., 629 N.E.2d 1246, 1248 (Ind.Ct.App.1994), reh’g denied, trans. denied.

In the instant case, the meaning of a statute is at issue, and because the parties agree that the relevant facts are not in dispute, the construction of the statute is a pure question of law for which disposition by summary judgment is appropriate. State Bd. of Accounts v. Indiana University Foundation, 647 N.E.2d 342, 347 (Ind.Ct.App.1995), trans. denied; Indiana Patient’s Compensation Fund, 661 N.E.2d at 908.

Construction of ll-ll-5-5(a)(10)

Blackmon contends that the trial court erred in its interpretation of Ind.Code 11 — 11—5—5(a)(10). Ind.Code 11-11-5-5 provides in pertinent part as follows:

(a) Before imposing any disciplinary action, the department shall afford the person charged with misconduct a hearing to determine his guilt or innocence arid, if guilty, the appropriate action_ In connection with the hearing, the person is entitled to:
******
(10) have his record expunged of any reference to the charge if he is found not guilty or if a finding of guilt is later overturned ...

Where a statute has not previously been construed, as here, the interpretation is controlled by the express language of the statute and general rules of statutory construction. In re E.I., 653 N.E.2d 503, 507 (Ind.Ct.App.1995). We examine and interpret statutes as a whole, giving words their common and ordinary meaning.

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Blackmon v. Duckworth
675 N.E.2d 349 (Indiana Court of Appeals, 1997)

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675 N.E.2d 349, 1996 WL 734978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackmon-v-duckworth-indctapp-1997.