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Pursuant to Ind.Appellate Rule 15(A)(3),
this Memorandum Decision shall not be
regarded as precedent or cited before
any court except for the purpose of
establishing the defense of res judicata,
collateral estoppel, or the law of the case.
APPELLANT PRO SE: ATTORNEYS FOR APPELLEE:
ALEX E. WATERS, PRO SE JEFFREY A. MODISETT
Carlisle, Indiana Attorney General of Indiana
Deputy Attorney General
COURT OF APPEALS OF INDIANA
ALEX E. WATERS, )
vs. ) No. 77A01-9709-CV-295
STATE OF INDIANA, )
APPEAL FROM THE SULLIVAN CIRCUIT COURT
The Honorable P.J. Pierson, Judge
Cause No. 77C01-9705-MI-118
December 4, 1997
MEMORANDUM DECISION - NOT FOR PUBLICATION
Prison inmate, Alex E. Waters, pro se, appeals the trial court's sua sponte dismissal
of his action requesting that the trial court order the Indiana Department of Corrections to
expunge his institutional record, known as an inmate's institutional packet, of reference to
an offense for which he had been found not guilty. We reverse.
The dispositive facts are undisputed. While in prison, Waters was alleged to have
violated a prison regulation. However, he was found not guilty. Later, Waters learned his
inmate's institutional packet contained a reference to the charge. Waters sought
expungement, but was unable to obtain relief through the prison grievance procedures.
Ultimately, Waters filed the instant action requesting that the DOC expunge his record of any
reference to the violation as required by Ind.Code 11-11-5-5(10). Without waiting for the
State to respond, the trial court dismissed Waters' complaint finding that the court lacked
jurisdiction "since there is no statutory or constitutional right to judicial review of prison
discipline actions," citing Hasty v. Broglin, 531 N.E.2d 200 (Ind. 1988).
This appeal ensued.
Blackmon v. Duckworth, 675 N.E.2d 349, 352 (Ind. Ct. App. 1996) (Clarified on
rehearing) controls. In Blackmon, we distinguished Hasty on the basis that the statute in
question did if fact provide the inmate with a statutory right. Id. Moreover, we held that I.C.
11-11-5-5(10) provided, unequivocally, that where an inmate has been found not guilty of
a charge, he is entitled to the expungement of any reference to the charge in his institutional
packet. Id. (Emphasis original). Therefore, we reverse and remand for further proceedings
consistent with this opinion. See id.
BAKER, J., AND BARTEAU, J., concur.
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