Prisoner – Mailbox Rule

By: Derek Hawkins//September 23, 2019//

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7^th Circuit Court of Appeals

Case Name: Malcolm Cobb, Jr., v. Aramark Correctional Services, LLC,

Case No.: 18-1909

Officials: KANNE, ROVNER, and HAMILTON, Circuit Judges

Focus: Prisoner – Mailbox Rule

Malcolm Cobb, Jr., an Indiana prisoner, brought a state-court negligence action against Aramark Correctional Services, LLC (“Aramark”) for failing to clean up a spill in the kitchen at the Pendleton Correctional Facility, causing him to slip and fracture his ankle. Aramark removed the case to federal court, then asserted that Cobb had filed too late; the district court agreed. Cobb appeals, maintaining that his complaint should be deemed “filed” under the prison mailbox rule on the date he handed it to his counselor for mailing. Because the district court misinterpreted Indiana’s prison mailbox rule, we reverse and remand for further proceedings.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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