Dist. Ct. erred in granting defendant’s motion for summary judgment in plaintiff-prisoner’s negligence action, where Dist. Ct. found that instant lawsuit was untimely because, although plaintiff tendered complaint to prison official prior to expiration of limitations period, court clerk did not receive complaint until after expiration of limitations period. Under Indiana’s prison mail box rule, court filing is timely if pro se prisoner litigant submits filing to prison official for mailing on or before its due date and prisoner provides verifiable documentation supporting claim that document was timely submitted to prison official for mailing. Plaintiff satisfied said rule by submitting affidavit from prison counselor, who stated that plaintiff submitted complaint to him six days before limitations period had expired, and that he notarized and delivered it to mail room on same day.
Federal 7th Circuit Court
Civil Court
Prisoners