Zimmerman v. State

727 N.E.2d 714, 2000 Ind. App. LEXIS 593, 2000 WL 464816
CourtIndiana Court of Appeals
DecidedApril 25, 2000
DocketNo. 77A01-9909-CV-318
StatusPublished
Cited by3 cases

This text of 727 N.E.2d 714 (Zimmerman v. State) 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
Zimmerman v. State, 727 N.E.2d 714, 2000 Ind. App. LEXIS 593, 2000 WL 464816 (Ind. Ct. App. 2000).

Opinion

OPINION

BROOK, Judge

Case Summary

Appellant-plaintiff William Zimmerman (“Zimmerman”) appeals the dismissal of his complaint for writ of mandate. We reverse and remand.

Issues

Zimmerman presents three issues that we consolidate and restate as:

I. whether the trial court erred in dismissing his mandate action; and
II. whether the trial court erred by not ruling on his “motion for relief from fee in civil action” prior to dismissing his action.

Pacts and Procedural History

On June 14, 1999, the Wabash Valley Correctional Facility Conduct Adjustment Board (“CAB”) found by a preponderance of the evidence that inmate Zimmerman had tested positively for “Cannabinoids (THC).” Unpersuaded by Zimmerman’s defense that the “test is not right” because he was on medication, the CAB found him “Guilty of Class A Conduct Report (A112) Possession, introduction or use of any unauthorized substance controlled pursuant to the laws of the State of Indiana.” Consequently, Zimmerman’s visitation privileges were restricted for six months to begin on June 28, 1999. On July 8, 1999, Zimmerman challenged his visitation re[716]*716striction by filing a “complaint step 1” with the Department of Correction.

On July 21, 1999, Zimmerman filed a mandate complaint in the Sullivan Circuit Court against appellees-defendants, the Department of Correction, Commissioner Edward L. Cohn, and Superintendent Bruce Lemmons (collectively, the “DOC”). In his complaint, Zimmerman sought an order from the court directing the DOC to abide by the provisions of Indiana Code Section 11-11-5-4(4)1 and to alter his punishment accordingly. On that same date, Zimmerman filed with the court a motion for relief from fee in civil action, alleging that he was indigent and arguing that the filing fee should be waived.

On July 22, 1999, the DOC responded to Zimmerman’s administrative complaint step 1 as follows: “Your contact visits were suspended due to your conduct violations (Class A112). Legal language and references are not acceptable to use in the grievance process. Recommend you appeal to next level.”

Prior to receiving any response from the DOC, the trial court2 dismissed Zimmerman’s mandate action on July 28, 1999, explaining:

1.) That on page four (4) of the Plaintiffs Complaint, the Plaintiff states that he is currently awaiting a decision on his administrative appeal [regarding alleged procedural errors], and therefore, this matter is [moot].
2.) That the Sullivan Circuit Court lacks jurisdiction since there is no statutory or constitutional right to judicial review of prison administrative disciplinary actions. Hasty v. Broglin, 531 N.E.2d 200, (1988). See also Riner v. Raines, 274 Ind. 113, 409 N.E.2d 575 (1980).

The court did not rule on Zimmerman’s motion to waive the fee. On August 11, 1999, Zimmerman filed a motion to reconsider, which the court denied two days later.

Zimmerman filed an “initial grievance” with the DOC on August 24, 1999. The DOC’s September 13, 1999 response to his initial grievance reiterated, “tests deemed that [Zimmerman] had cannabinoids (THC) in [his] system at the time of urinalysis.” The September response further stated that Zimmerman had “not appealed successfully through the CAB appeals process therefore, non-contact visits are appropriate at this time.” Zimmerman appealed to the next level of the DOC. An October 8, 1999 denial of appeal letter written by a DOC administrative assistant stated: ‘You tested positive for marijuana, not barbiturates or benzodiazepines. Nobody I talked to indicated you being on Elavil would cause false/positive. Depending oh the amount, usage and the last time you took it, all could effect why it didn’t show on the lab report.”

Zimmerman appeals the trial court’s dismissal of his mandate action.

Discussion and Decision

I. Mandate Action

Zimmerman concedes that generally case law precludes a trial court from asserting jurisdiction over prison disciplinary actions. See Hasty v. Broglin, 531 N.E.2d 200, 201 (Ind.1988). However, he asserts that his mandate action was improperly dismissed because, rather than seeking judicial review of a prison disciplinary action, he seeks an order directing the DOC to comply with Indiana Code Section 11-11-5-4(4). On appeal, he contends that according to the clear and unambiguous language of the aforementioned statute, restrictions on visitation privileges may not be used as a form of punishment for a violation of prison rules unless the [717]*717violation involved visitation. Thus, he claims that the trial court has jurisdiction to mandate that the DOC properly apply the statute at issue. He further claims that the DOC has a history of misapplying Indiana Code Section 11-11-5-4 and that the trial court has a history of improperly dismissing such cases.

Preliminarily, the State argues that the trial court correctly dismissed Zimmerman’s mandate complaint as premature. The State accurately points out that in his complaint, Zimmerman admitted he was still in the midst of his administrative appeal to the DOC when he filed his mandate complaint with the trial court. The State cites one case in support of its failure to exhaust administrative remedies argument. See State v. Sproles, 672 N.E.2d 1353 (Ind.1996). However, Sproles does not pertain to appeals of prison disciplinary actions. Further, between the time that he filed his mandate complaint and the time we received this appeal, Zimmerman reached the end of the DOC administrative appeal process. Also, we view Zimmerman’s as the type of ease that might be attempted by similarly situated plaintiffs in the future. In summary, we are unwilling to dispose of Zimmerman’s claim based upon a failure to exhaust administrative remedies. Accordingly, we examine whether the trial court has jurisdiction over this case.

“The lack of subject-matter jurisdiction can be raised at any time, and either the trial court or the Court of Appeals is required to consider the issue sua sponte if it is not questioned by the parties.” Brazauskas v. Fort Wayne-South Bend Diocese, Inc., 714 N.E.2d 253, 259 (Ind.Ct.App.1999), trans. denied. Twenty years ago, our supreme court concluded, “there is presently no constitutionally protected right to judicial. review of the decisions of fact-finding and appellate tribunals presently conducting disciplinary proceedings within the prison system.” Riner v. Raines, 274 Ind. 113, 409 N.E.2d 575, 579 (1980); see also Adams v. Duck-worth, 274 Ind. 503, 412 N.E.2d 789 (1980) (dismissing petition challenging sufficiency of evidence of prison board findings).

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Related

Abdul-Wadood v. Batchelor
865 N.E.2d 621 (Indiana Court of Appeals, 2007)
Zimmerman v. State
750 N.E.2d 337 (Indiana Supreme Court, 2001)

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Bluebook (online)
727 N.E.2d 714, 2000 Ind. App. LEXIS 593, 2000 WL 464816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimmerman-v-state-indctapp-2000.