Kimrey v. Donahue

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).

Cited by

12 cases in this archive cite this case.

• John Doe 1 v. Indiana Department of Child Services
  Indiana Supreme Court· 2017-08-24· cited 22×
• Alexander v. Marion County Sheriff
  Indiana Court of Appeals· 2008-07-29· cited 15×
• Natalie Medley v. Bruce Lemmon, Julie Stout, Pam Ferguson, Stacey Milner, Sherry White, L.A. Vannatta, Mike Pavese, Virginia McCullough
  Indiana Court of Appeals· 2013-07-17· cited 15×
• State v. Moore
  Indiana Court of Appeals· 2009-07-22· cited 12×
• Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc.
  Indiana Court of Appeals· 2015-12-09· cited 12×
• Howard Regional Health System v. Gordon Ex Rel. Gordon
  Indiana Court of Appeals· 2010-04-16· cited 5×
• Lavelle Malone v. Keith Butts and Bruce Lemmon
  Indiana Court of Appeals· 2012-09-19· cited 4×
• Smith v. Wrigley
  Indiana Court of Appeals· 2010-04-14· cited 3×
• Varner v. Indiana Parole Board
  Indiana Court of Appeals· 2009-05-04· cited 2×
• Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc.
  Indiana Court of Appeals· 2016-04-18· cited 1×
• Corey Hamersley v. Indiana Department of Correction, and American Broadcasting Company, Inc. (mem. dec.)
  Indiana Court of Appeals· 2019-02-05
• Robert Peacher v. Robert Carter, Jr. (mem. dec.)
  Indiana Court of Appeals· 2020-06-23

Cites

14 cases in this archive are cited by this case.

• Blanck v. Ind. Dep't of Corr.
  Indiana Supreme Court· 2005-06-22· cited 80×
• Ratliff v. Cohn
  Indiana Supreme Court· 1998-03-27· cited 77×
• Indiana Department of Correction v. Stagg
  Indiana Court of Appeals· 1990-07-18· cited 50×
• Hasty v. Broglin
  Indiana Supreme Court· 1988-12-07· cited 27×
• City of Muncie v. Peters
  Indiana Court of Appeals· 1999-04-28· cited 20×
• Americanos v. State
  Indiana Court of Appeals· 2000-05-23· cited 20×
• Stulajter v. Harrah's Indiana Corp.
  Indiana Court of Appeals· 2004-05-20· cited 18×
• Blackmon v. Duckworth
  Indiana Court of Appeals· 1997-04-02· cited 18×
• Estate of Cullop Ex Rel. Cullop v. State
  Indiana Court of Appeals· 2005-01-26· cited 16×
• Doe v. Donahue
  Indiana Court of Appeals· 2005-06-10· cited 16×
• Cohn v. Strawhorn
  Indiana Court of Appeals· 1999-12-29· cited 14×
• Higgason v. Lemmon
  Indiana Court of Appeals· 2004-11-30· cited 12×
• Faver v. Bayh
  Indiana Court of Appeals· 1997-12-10· cited 12×
• Montgomery v. Indiana Department of Correction
  Indiana Court of Appeals· 2003-09-04· cited 10×