Burnette v. Stalder

789 So. 2d 573, 2001 WL 743274
CourtSupreme Court of Louisiana
DecidedJune 29, 2001
Docket2000-CP-2167
StatusPublished
Cited by26 cases

This text of 789 So. 2d 573 (Burnette v. Stalder) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burnette v. Stalder, 789 So. 2d 573, 2001 WL 743274 (La. 2001).

Opinion

789 So.2d 573 (2001)

Walter BURNETTE
v.
Richard L. STALDER, et al.

No. 2000-CP-2167.

Supreme Court of Louisiana.

June 29, 2001.

*574 Walter Burnette, Jane L. Johnson, Charles D. Williams, New Orleans, Counsel for Applicant.

Richard P. Ieyoub, Attorney General, Doug Moreau, District Attorney, Baton Rouge, Andre C. Castaing, New Orleans, Counsel for Respondent.

KIMBALL, J.[*]

This court granted a writ of certiorari in this case to review the final decision of the Louisiana Department of Public Safety and Corrections in Administrative Remedy Procedure (CARP) No. LSP-97-6145. The plaintiff, Walter Burnette, a state prisoner, sought to transfer funds in excess of $250.00 from his savings account to his drawing account. After his request was denied, the plaintiff unsuccessfully initiated and exhausted his Administrative Remedy Procedure No. LSP-97-6145, as required by La.Rev.Stat. 15:1171, et seq. Thereafter the plaintiff filed a pro-se petition for judicial review in the district court, which was dismissed by the court. On appeal, the First Circuit Court of Appeal affirmed the district court's ruling.

FACTS AND PROCEDURAL HISTORY

The plaintiff, who is currently serving a ninety-nine year sentence at the Louisiana State Penitentiary at Angola, requested to *575 have funds in excess of $250.00 in his prison savings account transferred to his drawing account, asserting that such transfer was authorized by La.Rev.Stat. § 15:874(4)(c), which provides:

When an inmate's savings account attains a balance of at least two hundred fifty dollars, the inmate may deposit future compensation into either his savings account or his personal drawing account. When an inmate selects to have future compensation deposited to his personal drawing account as provided herein, and subsequently a court of competent jurisdiction orders payment of court costs in a matter to which the inmate is a party causing the inmate's account balance to be less than two hundred fifty dollars, thirty percent of future compensation shall be deposited to his drawing account and seventy percent shall be distributed toward payment of the court costs.

When the plaintiff's request was denied, he initiated this action by filing a complaint under the Department of Public Safety and Corrections Administrative Remedy Procedure, as required by La.Rev.Stat. § 15:1177, et seq. The plaintiff received notice of the agency's final decision denying him the requested relief on May 3, 1998. The Secretary of the Department of Corrections denied the plaintiff's request on the grounds that La.Rev.Stat. § 15:874 does not provide for the transfer of funds in the inmate's savings account in excess of $250.00, but only allows that, after an inmate's savings account attains a balance of $250.00, the inmate may deposit any "future compensation" earned after the effective date of the statute into his drawing account. To bolster its interpretation of La.Rev.Stat. 15:874, the Secretary relied on the Department of Corrections Rule No. B-09-0030(6)(A)(3), which allows only those inmates serving life sentences to transfer existing funds in excess of $250.00.[1]

The plaintiff then filed a pro-se petition for judicial review, as well as a motion to proceed in forma pauperis on June 2, 1998. The case was referred to Commissioner Allen J. Bergeron, Jr., of the Nineteenth Judicial District, who held a hearing on the petition for review on December 14, 1998. In a Commissioner's Recommendation, Commissioner Bergeron rejected the plaintiff's argument that the Department erroneously interpreted La.Rev. Stat. § 15:874 in its regulation B-09-003(6)(A)(3), where the department accorded only inmates serving life sentences the right to transfer all funds in excess of $250.00 from their savings account to their drawing accounts.

The Commissioner first noted that there are valid reasons why inmates serving life sentences are treated differently in this regard, as they have no need to accumulate a fund which they can take with them upon release from prison. Regardless, the *576 Commissioner opined that the plaintiff is not entitled to relief because (1) while the statute does discriminate between different classes of prisoners, the discrimination is not of such an invidious nature that it violates either statutory or constitutional rules or jurisprudential interpretations of those rules, and (2) La.Rev.Stat. § 15:874 only authorizes the deposit of future compensation into the drawing accounts of all inmates. The Commissioner concluded that the plaintiffs claim that the statute permits him to transfer all funds above the amount of $250.00 from his savings account to his drawing account is not supported by the Department regulations or the statute, and, therefore, recommended that the plaintiffs petition be dismissed with prejudice at plaintiffs cost. On January 5, 1999, the district court adopted the Commissioner's Recommendation and rendered judgment against the plaintiff.

On appeal, the First Circuit concluded that La.Rev.Stat. § 15:874 and the department regulations were clear and unambiguous and did not permit the plaintiff, who was serving a numbered sentence, to transfer funds in his account prior to the effective date of that legislation. The majority of the appellate court agreed with the Commissioner that to treat inmates serving life sentences and inmates serving numbered services differently with respect to their ability to withdraw excess savings funds does not lead to absurd consequences, given that inmates serving life sentences will be in prison their entire lives and have little need for savings.

The court of appeal additionally rejected the plaintiffs argument that it is absurd to treat prisoners who already had funds in their savings account in excess of $250.00 on the effective date of La.Rev.Stat. § 15:874 differently from prisoners who attain a balance of $250.00 in their savings account after the effective date. The court concluded that the fact that some prisoners may have more savings than others inaccessible to them, except as provided by law or regulation, is not an absurd consequence.

However, the court of appeal dissent found that:

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789 So. 2d 573, 2001 WL 743274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnette-v-stalder-la-2001.