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· 2/15/2007

Kimrey v. Donahue

Citations

  • 861 N.E.2d 379
  • 2007 Ind. App. LEXIS 261
  • 2007 WL 473740

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the trial court has jurisdiction if allegation is made that constitutional rights are being violated
  • concluding that trial court has jurisdiction if allegation is made that constitutional rights are being violated
  • finding that Blanck was not limited to only prison discipline matters and that DOC inmate did not have private right of action under Ind. Code § 11-11-3-6 stating that \a confined person may acquire and possess printed matter on any subject\
  • noting “the long-standing principle that the judiciary is constrained from interfering with the internal procedures and policies of the Department of Correction.”
  • finding no private cause of action to enforce the rights conferred by Ind. Code § 11-11-3-6
  • “We garner from the Blanck decision that trial courts lack subject matter jurisdiction over such complaints unless an explicit private right of action is afforded by statute or an allegation is made that constitutional rights are being violated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sullivan, Robb, Barnes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.