STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
NO. 2021 CA 1227
TtN CHARLES BUTLER
VERSUS
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Judgment Rendered. - APR 0 8 2022
Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No. C703765
The Honorable Donald R. Johnson, Judge Presiding
Charles Butler Plaintiff/Appellant Angola, Louisiana Pro Se
Elizabeth B. Desselle Counsel for Appellee Baton Rouge, Louisiana Louisiana Department of Public
Safety and Corrections
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
CC [a 4' lwx AJ- A53 A --& A Wd ktyj11A 7- I/-
l THERIOT, J.
Charles Butler (" Mr. Butler") appeals the judgment of the Nineteenth
Judicial District Court dismissing his petition for writ of mandamus as moot,
without prejudice, at Mr. Butler' s costs. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On September 1, 2020, Mr. Butler submitted a request for an administrative
remedy procedure (" ARP") regarding the alleged illegal withholding of his mail. In
his complaint, Mr. Butler contended that he had a subscription to Rolling Stones
magazine, but he did not receive the July 2020 issue, which had a photo of a Black
Lives Matter protest on the cover. Mr. Butler stated that he wrote the mail room
twice, but he never received the magazine or any assistance in finding out what
happened to the magazine. He alleged that he did not receive his July 2020
magazine because the employees who work in the mail room illegally withheld or
destroyed it. Mr. Butler ended his complaint requesting no retaliation for filing the
complaint; that the magazine to be sent to him or that the department pay for
another one if they destroyed it; that all forms of racism stop immediately; that the
mail room policies and procedures be strictly adhered to; and that the responsible
party or parties in the mail room be disciplined.
On January 19, 2021, Mr. Butler filed a petition for writ of mandamus
against the Louisiana Department of Safety and Corrections (" LDPSC"). Mr.
Butler asserted that he was an inmate with LDPSC and that LDPSC failed to
perform a ministerial duty, which had impeded Mr. Butler from seeking judicial
intervention. Mr. Butler alleged that LDPSC did not respond to his September 1,
2020 complaint within the time limits set by law.
On April 22, 2021, Lieutenant Cindy Vannoy and Assistant Warden III
Jeremy McKey responded to Mr. Butler' s ARP. The response indicated that the
magazine was originally held to see if other institutions were objecting to it.
2 However, it was reviewed and approved for delivery on October 6, 2020. The
response further indicated that the magazine was " sorted for delivery and placed in
the appropriate camp location bag on that date for delivery to offender recipients."
Mr. Butler received the response on April 27, 2021.
On July 14, 2021, the trial court rendered a judgment wherein Mr. Butler' s
petition for writ of mandamus was dismissed as moot, without prejudice, at Mr.
Butler' s cost. It is from this judgment that Mr. Butler appeals.
ASSIGNMENT OF ERROR
Mr. Butler contends that the trial court erred in casting him with costs of the
mandamus proceeding that was dismissed as moot.
STANDARD OF REVIEW
Louisiana Code of Civil Procedure article 1920 states that, "[ u] nless the
judgment provides otherwise, costs shall be paid by the party cast, and may be
taxed by a rule to show cause. Except as otherwise provided by law, the court may
render judgment for costs, or any part thereof, against any party, as it may consider
equitable." Under the jurisprudence, while the general rule is that the party cast in
judgment should be assessed with court costs, the trial court may assess costs in
any equitable manner and against any party in any proportion it deems equitable,
even against the party who prevailed on the merits. Bourg v. Cajun Cutters, Inc.,
2014- 0210, p. 27 ( La. App. 1st Cir. 5/ 7/ 15), 174 So. 3d 56, 73, writs denied, 2015-
1306, 2015- 1253 ( La. 4/ 4/ 16), 190 So. 3d 1201 and 1205; Anglin v. Anglin, 2009-
0844, p. 9 ( La. App. 1st Cir. 12/ 16/ 09), 30 So. 3d 746, 753- 54. Moreover, upon
review, an appellate court will not disturb the trial court' s fixing of costs absent an
abuse of the sound discretion afforded the trial court. Bourg, 174 So. 3d at 74. The
trial court has great discretion in matters relating to the assessment of costs. Harris
v. City of Baton Rouge, 2016- 0163, p. 3 ( La. App. Ist Cir. 12/ 22/ 16), 209 So. 3d
405, 408, writ denied, 2017- 00155 ( La. 3/ 31/ 17), 217 So. 3d 360.
3 DISCUSSION
In his assignment of error, Mr. Butler contends that the trial court erred in
casting him with costs of the mandamus that was dismissed as moot. This court has
recently issued two opinions which contained similar fact patterns to the instant
case. In Reed v. Louisiana Department of Public Safety and Corrections, 2020-
0091 ( La. App. lst Cir. 11/ 2/ 20), 2020 WL 6390526, ( unpublished), writ denied,
2020- 01385 ( La. 1/ 12/ 21), 308 So. 3d 710, the plaintiff was an inmate of LDPSC
when he filed an ARP. The plaintiff subsequently filed a petition for a writ of
mandamus to compel LDPSC to respond to his ARP. LDPSC filed a motion to
dismiss the petition, arguing that the plaintiff had not exhausted his administrative
remedies. The plaintiff then filed a motion for voluntary dismissal of the petition,
claiming that LDPSC had complied with his request. At a hearing before the trial
court, the petition for writ of mandamus was declared moot due to LDPSC' s
compliance with the plaintiff' s request, and LDPSC was cast with costs. LDPSC
appealed the judgment, arguing the trial court was in error to cast it with costs.
Reed, 2020 WL 6390526, at * 1 ( unpublished). We stated in Reed that the trial
court has broad discretion in how it decides to apportion the costs of the
proceeding among the parties, and the trial court may apportion those costs in
whichever proportion it deems equitable, even against a party who prevailed on the
merits. Reed, 2020 WL 6390526, at * 2 ( unpublished). We found that the trial court
did not abuse its broad discretion in ordering LDPSC to pay all costs. Reed, 2020
WL 6390526, at * 4 ( unpublished).
In Taylor v. Louisiana Department of Public Safety & Corrections, 2020-
0095 ( La. App. lst Cir. 11/ 12/ 20), 316 So. 3d 32, writ denied, 2020- 01424 ( La.
2/ 9/ 21), 310 So. 3d 170, the plaintiff was an inmate of LDPSC when he filed an
ARP. The plaintiff filed a petition for writ of mandamus, claiming that LDPSC had
not timely responded to his application for an ARP. The plaintiff requested that
0 LDPSC " produce the required administrative responses and documents that will
exhaust his administrative remedies" and that all costs of the proceeding be
assessed to LDPSC. LDPSC filed a motion to dismiss the plaintiffs petition for
failure to exhaust all administrative remedies. At a hearing, it was established that
LDPSC had responded to the plaintiff' s ARP and that the plaintiff had received a
copy of the response. Taylor, 316 So.
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STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
NO. 2021 CA 1227
TtN CHARLES BUTLER
VERSUS
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS
Judgment Rendered. - APR 0 8 2022
Appealed from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Case No. C703765
The Honorable Donald R. Johnson, Judge Presiding
Charles Butler Plaintiff/Appellant Angola, Louisiana Pro Se
Elizabeth B. Desselle Counsel for Appellee Baton Rouge, Louisiana Louisiana Department of Public
Safety and Corrections
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
CC [a 4' lwx AJ- A53 A --& A Wd ktyj11A 7- I/-
l THERIOT, J.
Charles Butler (" Mr. Butler") appeals the judgment of the Nineteenth
Judicial District Court dismissing his petition for writ of mandamus as moot,
without prejudice, at Mr. Butler' s costs. For the following reasons, we affirm.
FACTUAL AND PROCEDURAL HISTORY
On September 1, 2020, Mr. Butler submitted a request for an administrative
remedy procedure (" ARP") regarding the alleged illegal withholding of his mail. In
his complaint, Mr. Butler contended that he had a subscription to Rolling Stones
magazine, but he did not receive the July 2020 issue, which had a photo of a Black
Lives Matter protest on the cover. Mr. Butler stated that he wrote the mail room
twice, but he never received the magazine or any assistance in finding out what
happened to the magazine. He alleged that he did not receive his July 2020
magazine because the employees who work in the mail room illegally withheld or
destroyed it. Mr. Butler ended his complaint requesting no retaliation for filing the
complaint; that the magazine to be sent to him or that the department pay for
another one if they destroyed it; that all forms of racism stop immediately; that the
mail room policies and procedures be strictly adhered to; and that the responsible
party or parties in the mail room be disciplined.
On January 19, 2021, Mr. Butler filed a petition for writ of mandamus
against the Louisiana Department of Safety and Corrections (" LDPSC"). Mr.
Butler asserted that he was an inmate with LDPSC and that LDPSC failed to
perform a ministerial duty, which had impeded Mr. Butler from seeking judicial
intervention. Mr. Butler alleged that LDPSC did not respond to his September 1,
2020 complaint within the time limits set by law.
On April 22, 2021, Lieutenant Cindy Vannoy and Assistant Warden III
Jeremy McKey responded to Mr. Butler' s ARP. The response indicated that the
magazine was originally held to see if other institutions were objecting to it.
2 However, it was reviewed and approved for delivery on October 6, 2020. The
response further indicated that the magazine was " sorted for delivery and placed in
the appropriate camp location bag on that date for delivery to offender recipients."
Mr. Butler received the response on April 27, 2021.
On July 14, 2021, the trial court rendered a judgment wherein Mr. Butler' s
petition for writ of mandamus was dismissed as moot, without prejudice, at Mr.
Butler' s cost. It is from this judgment that Mr. Butler appeals.
ASSIGNMENT OF ERROR
Mr. Butler contends that the trial court erred in casting him with costs of the
mandamus proceeding that was dismissed as moot.
STANDARD OF REVIEW
Louisiana Code of Civil Procedure article 1920 states that, "[ u] nless the
judgment provides otherwise, costs shall be paid by the party cast, and may be
taxed by a rule to show cause. Except as otherwise provided by law, the court may
render judgment for costs, or any part thereof, against any party, as it may consider
equitable." Under the jurisprudence, while the general rule is that the party cast in
judgment should be assessed with court costs, the trial court may assess costs in
any equitable manner and against any party in any proportion it deems equitable,
even against the party who prevailed on the merits. Bourg v. Cajun Cutters, Inc.,
2014- 0210, p. 27 ( La. App. 1st Cir. 5/ 7/ 15), 174 So. 3d 56, 73, writs denied, 2015-
1306, 2015- 1253 ( La. 4/ 4/ 16), 190 So. 3d 1201 and 1205; Anglin v. Anglin, 2009-
0844, p. 9 ( La. App. 1st Cir. 12/ 16/ 09), 30 So. 3d 746, 753- 54. Moreover, upon
review, an appellate court will not disturb the trial court' s fixing of costs absent an
abuse of the sound discretion afforded the trial court. Bourg, 174 So. 3d at 74. The
trial court has great discretion in matters relating to the assessment of costs. Harris
v. City of Baton Rouge, 2016- 0163, p. 3 ( La. App. Ist Cir. 12/ 22/ 16), 209 So. 3d
405, 408, writ denied, 2017- 00155 ( La. 3/ 31/ 17), 217 So. 3d 360.
3 DISCUSSION
In his assignment of error, Mr. Butler contends that the trial court erred in
casting him with costs of the mandamus that was dismissed as moot. This court has
recently issued two opinions which contained similar fact patterns to the instant
case. In Reed v. Louisiana Department of Public Safety and Corrections, 2020-
0091 ( La. App. lst Cir. 11/ 2/ 20), 2020 WL 6390526, ( unpublished), writ denied,
2020- 01385 ( La. 1/ 12/ 21), 308 So. 3d 710, the plaintiff was an inmate of LDPSC
when he filed an ARP. The plaintiff subsequently filed a petition for a writ of
mandamus to compel LDPSC to respond to his ARP. LDPSC filed a motion to
dismiss the petition, arguing that the plaintiff had not exhausted his administrative
remedies. The plaintiff then filed a motion for voluntary dismissal of the petition,
claiming that LDPSC had complied with his request. At a hearing before the trial
court, the petition for writ of mandamus was declared moot due to LDPSC' s
compliance with the plaintiff' s request, and LDPSC was cast with costs. LDPSC
appealed the judgment, arguing the trial court was in error to cast it with costs.
Reed, 2020 WL 6390526, at * 1 ( unpublished). We stated in Reed that the trial
court has broad discretion in how it decides to apportion the costs of the
proceeding among the parties, and the trial court may apportion those costs in
whichever proportion it deems equitable, even against a party who prevailed on the
merits. Reed, 2020 WL 6390526, at * 2 ( unpublished). We found that the trial court
did not abuse its broad discretion in ordering LDPSC to pay all costs. Reed, 2020
WL 6390526, at * 4 ( unpublished).
In Taylor v. Louisiana Department of Public Safety & Corrections, 2020-
0095 ( La. App. lst Cir. 11/ 12/ 20), 316 So. 3d 32, writ denied, 2020- 01424 ( La.
2/ 9/ 21), 310 So. 3d 170, the plaintiff was an inmate of LDPSC when he filed an
ARP. The plaintiff filed a petition for writ of mandamus, claiming that LDPSC had
not timely responded to his application for an ARP. The plaintiff requested that
0 LDPSC " produce the required administrative responses and documents that will
exhaust his administrative remedies" and that all costs of the proceeding be
assessed to LDPSC. LDPSC filed a motion to dismiss the plaintiffs petition for
failure to exhaust all administrative remedies. At a hearing, it was established that
LDPSC had responded to the plaintiff' s ARP and that the plaintiff had received a
copy of the response. Taylor, 316 So. 3d at 33. The trial court signed a judgment
that dismissed the petition for writ of mandamus without prejudice at LDPSC' s
cost. LDPSC appealed the portion of judgment that cast it with costs. We found in
Taylor that the trial court has great discretion in assessing costs to whichever party
in a way that is equitable, and it was not an abuse of discretion to cast costs
entirely to LDPSC. Taylor, 316 So. 3d at 34.
Since the trial court has broad discretion in how it decides to apportion the
costs of the proceeding among the parties, and the trial court may apportion those
costs in whichever proportion it deems equitable, even against a party who
prevailed on the merits, we cannot find that the trial court abused its discretion by
casting the costs to Mr. Butler.
DECREE
The judgment of the Nineteenth Judicial District Court dismissing, without
prejudice, the petition for writ of mandamus as moot, at Charles Butler' s costs is
affirmed. All costs of this appeal are assessed to Charles Butler.
AFFIRMED.
5 STATE OF LOUISIANA
2021 CA 1227
CHARLES BUTLER
McClendon, J., agrees and assigns additional reasons.
I agree with the majority. I write solely to note that while I dissented in the
cases relied upon by the majority, Reed v. Louisiana Department of Public Safety
Corrections, 2020- 0091 ( La. App. 1 Cir. 11/ 2/ 20), writ denied, 2020- 01385 ( La.
1/ 12/ 21), 308 So. 3d 710, and Taylor v. Louisiana Department of Public Safety &
Corrections, 2020- 0095 ( La. App. 1 Cir. 11/ 12/ 20), 316 So. 3d 32, writ denied, 2020-
01424 ( La. 2/ 9/ 21), 310 So. 3d 170, I find those cases to be distinguishable from the
instant matter.