Arkansas Prisoner’s Suit Based on Classification Status Dismissed

by David Reutter

The Arkansas Supreme Court affirmed the dismissal of a prisoner’s lawsuit for being barred by sovereign immunity and for failure to state a cause of action on which relief could be granted. The dismissal counts as a “strike” against the prisoner.       

Arkansas prisoner Ronnie Lee Smith filed a civil action alleging violation of his due process rights and right to be free of cruel and unusual punishment. The basis of the claims involved Smith being denied Class I-B status, which provides awards of furloughs, and participation in the prison’s hobby craft program.

The Jefferson County Circuit Court dismissed the complaint and constituted it a “strike” under the Arkansas Code Annotated section 16-68-607, which precludes prisoners who have on three or more occasions brought an action that was frivolous, malicious, or failure to state a claim upon which relief may be granted from bringing suit.

The Arkansas Supreme Court said it would “not address the arguments of Smith that “are not supported by citation to legal authority or convincing argument.”

As to the merits, the court found that Smith’s failure to sue the defendants in their individual capacity rendered the claims in their official capacity as one against the state, making the suit barred by sovereign immunity.

As to the Due Process claim, the court said it is “well settled that prisoner classification is committed to the discretion of the prison officials and that an inmate does not have a protected right to any particular classification.” The cruel and unusual punishment claim was made “in a conclusionary fashion,” that failed to state sufficient facts to support a claim of “excessive risk to his health and safety.” The circuit court’s order was affirmed. See: Smith v. May, 2013 Ark. 248 (Arkansas 2013)

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