Cao v. Stalder

915 So. 2d 851, 2005 WL 1048985
CourtLouisiana Court of Appeal
DecidedMay 6, 2005
Docket2004 CA 0650
StatusPublished
Cited by6 cases

This text of 915 So. 2d 851 (Cao v. Stalder) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cao v. Stalder, 915 So. 2d 851, 2005 WL 1048985 (La. Ct. App. 2005).

Opinion

915 So.2d 851 (2005)

Duong CAO
v.
Richard L. STALDER, Secretary, Department of Public Safety and Corrections.

No. 2004 CA 0650.

Court of Appeal of Louisiana, First Circuit.

May 6, 2005.

*852 Duong Cao, Plaintiff-Appellant In Proper Person.

L. Bruce Dodd, Clinton, for Defendant-Appellee Richard Stalder, Secretary, Department of Public Safety and Corrections.

Before: PARRO, KUHN, and WELCH, JJ.

PARRO, J.

Duong Cao, an inmate in the custody of the Department of Public Safety and Corrections (DPSC), appeals a judgment of the district court that dismissed his petition for judicial review of a disciplinary matter after he had exhausted his administrative remedies. The issue raised in this *853 appeal is one of first impression: whether DPSC can impose a forfeiture of unearned or prospective "good time" as a sentence in a disciplinary matter. Concluding there is no statutory authority for such a forfeiture, we reverse the judgment and remand this matter to the DPSC with instructions.

FACTUAL AND PROCEDURAL BACKGROUND

In his petition for judicial review of a disciplinary matter, Cao said he was disciplined on February 22, 2002, for a rule infraction and was ordered to forfeit 30 days of good time. On February 27, 2002, he was again disciplined for a different offense and, as part of his sentence on this matter, was ordered to forfeit 180 days of good time. He appealed both disciplinary matters within the institution, using the administrative remedy procedure, and was denied relief at all steps of the process. On July 11, 2002, Cao filed a petition for judicial review of both disciplinary matters in the district court.

His petition was based on two grounds. First, he alleged he was not given a copy of the disciplinary reports before the hearings, as required by the DPSC rules, and therefore was denied the opportunity to prepare a defense. His motions for continuances to enable him to gather evidence were denied in both instances, and he was found guilty of the charges and sentenced. Therefore, he claimed he was denied due process. Second, he alleged the sentence on the second matter was excessive, because he did not have 180 days of good time at the time the sentence was imposed on February 27, 2002. The imposition of forfeiture of 180 days of good time thus amounted to a forfeiture of unearned, prospective good time, which he argues is not authorized by the applicable statutes and DPSC rules.

DPSC filed a motion to dismiss, claiming Cao could seek review of only one administrative remedy procedure in a petition for judicial review, and therefore, his petition should be dismissed. According to the record, a hearing on this motion was held before a commissioner, at which Cao moved to voluntarily dismiss his request for judicial review of the first disciplinary action. The record indicates this motion was granted, and oral arguments were heard concerning the second disciplinary action. DPSC then filed into the record a copy of the administrative remedy procedure for only the second disciplinary action, in which Cao was found guilty of defiance and aggravated disobedience.

Concerning that matter, the commissioner noted that the incident report filed in the administrative record showed the DPSC had tried to give Cao a copy of the report, but he had refused to sign for it. This evidence was sufficient to rebut his allegation that he was never offered a copy of the report. With reference to the excessive or illegal sentence claim, the commissioner found that DPSC acted within its authority, pursuant to duly promulgated rules, in ordering the forfeiture of 180 days of good time for the offenses of defiance and aggravated disobedience, "and the petitioner's contention that he cannot forfeit good time not yet earned is without merit."[1] The commissioner recommended to the district court that DPSC's disciplinary decision be affirmed and Cao's petition for judicial review be dismissed, with prejudice, at his cost.

Cao filed a traversal of the commissioner's recommendation, stating he did not dispute that DPSC had authority to order the forfeiture of up to 180 days of earned good time for any serious disciplinary rule infraction, but contending there was no *854 authority for DPSC to require an inmate to forfeit good time that was not yet earned. He argued that the language of LSA-R.S. 15:571.4(A), "Good time which has been earned by inmates ... shall not be forfeited except as provided ...," implies that the good time must already exist on the DPSC records in order to be forfeited. He also claimed the circumstances surrounding the purported attempt to give him a copy of the incident report showed the implausibility of the guard's statement that such an attempt was made.

After reviewing the evidence and the commissioner's recommendations, the district court signed a judgment dismissing Cao's petition, with prejudice, at his cost. This appeal followed.[2]

APPLICABLE LAW

Statutes that authorize the imposition of a penalty are to be strictly construed. Held v. Aubert, 02-1486 (La.App. 1st Cir.5/9/03), 845 So.2d 625, 637. The meaning of a law must first be sought in the language employed. If that is plain, it is the duty of the courts to enforce the law as written. David v. Our Lady of the Lake Hosp., Inc., 02-2675 (La.7/2/03), 849 So.2d 38, 46. Thus, interpretation of any statute begins with the language of the statute itself. SWAT 24 Shreveport Bossier, Inc. v. Bond, 00-1695 (La.6/29/01), 808 So.2d 294, 302. Words of a law must be given their generally prevailing meaning. LSA-C.C. art. 11. When the wording of a revised statute is clear and unambiguous, "the letter of it shall not be disregarded under the pretext of pursuing its spirit." LSA-R.S. 1:4. Rather, the law must be applied as written, and no further interpretation can be made in search of the intent of the legislature. LSA-C.C. art. 9; Trahan v. Coca Cola Bottling Co. United, Inc., 04-0100 (La.3/2/05), 894 So.2d 1096, 1102.

However, when the words of a law are ambiguous, their meaning must be sought by examining the context in which they occur and the text of the law as a whole. LSA-C.C. art. 12. Principles of judicial interpretation of statutes are designed to ascertain and enforce the intent of the legislature in enacting the statute. The fundamental question in all cases of statutory construction is legislative intent and the reasons that prompted the legislature to enact the law. Palmer v. Louisiana State Bd. of Elementary & Secondary Educ., 02-2043 (La.4/9/03), 842 So.2d 363, 367. The legislative history of a statute and related legislation can provide a particularly helpful guide in ascertaining the intent of a statute. Hoag v. State ex rel. Kennedy, 01-1076 (La.App. 1st Cir.11/20/02), 836 So.2d 207, 217, writ denied, 02-3199 (La.3/28/03), 840 So.2d 570.

The statutory and jurisprudential rules for statutory construction and interpretation apply equally well to ordinances, rules, and regulations. See Bunch v. Town of St. Francisville, 446 So.2d 1357, 1360 (La.App. 1st Cir.1984). An interpretation used by the state administrative agency may be persuasive. Varner v. Day, 00-2104 (La.App. 1st Cir.12/28/01), 806 So.2d 121, 125.

The forfeiture provisions in effect at the time of the forfeiting conduct govern the computation of the forfeiture of good time. See Vincent v. State Through Dept. of Corrections, 468 So.2d 1329, 1332 n. 2 (La.App. 1st Cir.1985), writ denied, 472 So.2d 34 (La.1985). At the time of Cao's disciplinary offense, LSA-R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
915 So. 2d 851, 2005 WL 1048985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cao-v-stalder-lactapp-2005.