Henry Gray v. State of Louisiana

CourtLouisiana Court of Appeal
DecidedFebruary 15, 2006
DocketCA-0005-0617
StatusUnknown

This text of Henry Gray v. State of Louisiana (Henry Gray v. State of Louisiana) 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
Henry Gray v. State of Louisiana, (La. Ct. App. 2006).

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

05-617

HENRY GRAY

VERSUS

********** APPEAL FROM THE SEVENTH JUDICIAL DISTRICT COURT PARISH OF CATAHOULA, NO. 23-375 HONORABLE LEO BOOTHE, PRESIDING **********

SYLVIA R. COOKS JUDGE

**********

Court composed of Sylvia R. Cooks, Michael G. Sullivan, and James T. Genovese, Judges.

REVERSED IN PART; AFFIRMED IN PART; AND REMANDED.

Henry Gray - Pro Se Riverbend Detention Center 9450 Highway 65 South Lake Providence, LA 71254 COUNSEL FOR PLAINTIFF/APPELLANT: Henry Gray

John C. McNeese William F. Bologna Suite 2323 1515 Poydras Street New Orleans, LA 70112-3723 COUNSEL FOR DEFENDANT-APPELLEE: Catahoula Correctional Center, et al. COOKS, Judge.

On October 21, 2004, Henry Gray, at the time, an inmate in the Catahoula

Correctional Center, filed a pro se “Petition for Writ of Habeas Corpus” in district

court against the “State of Louisiana Catahoula Correction Center Warden Ronnie

Books & Capt. Little, Sgt. Atkins, Officer Ben Doe.” He later filed a “Motion to

Amendment Complaint” in the same court.

The Catahoula Correctional Center and any employees, deemed named, then

filed a dilatory exception, alleging the petition was “ambiguous, vague and

insufficiently clear to permit defendants to join the issue.” Defendants also filed an

exception, asserting Plaintiff “failed to provide a short, clear and concise statement

of the causes of action allegedly arising out of the material facts” as required by

La.Code Civ.P. art 891. Further, Defendants filed an exception of prematurity

maintaining that plaintiff failed to exhaust his administrative remedies prior to filing

suit. Finally, Defendants filed two motions: The first requesting that Plaintiff’s

claims be screened by the district court pursuant to La.R.S. 15:1184(B) and that any

claims deemed to be frivolous, malicious or which fail to state a cause of action be

dismissed; and the second, asking that the court strike from Plaintiff’s amended

petition “the ad damnum as well as the demand for mental pain and suffering and for

punitive damages as unavailable under Louisiana law.”

The trial court then issued an order directing that Plaintiff Gray be produced

for a hearing on March 24, 2005. The hearing was held at which time Plaintiff

testified and Defendants’ arguments were heard. The trial court granted Defendants’

exceptions and motions and struck Plaintiff’s pleadings without prejudice, reserving

his right to re-file. Plaintiff requested an appeal, which was ordered by the trial court.

-1- ANALYSIS

I. Exception of Prematurity.

Defendants argued the district court did not have jurisdiction over Plaintiff’s

claims because he failed to exhaust the administrative remedies mandated under the

Corrections Administrative Remedy Procedure (CARP), La. R.S. 15:1171-1179 and

the Prison Litigation Reform Act (PLRA), La.R.S. 15:1181-1191, prior to filing his

petition in the district court.

CARP, enacted in 1985 in response to the Civil Rights of Institutionalized

Persons Act, 42 U.S.C. §§ 1997-1997j (1980), authorizes the Department of

Corrections (DOC) or the sheriff to adopt an administrative remedy procedure for

receiving, hearing, and disposing of any and all complaints and grievances by

offenders against the state, the department, or its employees that arise while an

offender is within the custody or under the supervision of the department. La.R.S.

15:1171(B). Any complaint or grievance “with respect to the conditions of

confinement or the effects of actions by government officials on the lives of persons

confined in prison” is subject to the provisions of CARP. La.R.S. 15:1184 (A)(1)(a).

A petitioner is required to “initiate his administrative remedies for a delictual action

for injury or damages within ninety days from the day the injury or damage is

sustained.” La.R.S. 15:1172(B)(1). The DOC is also authorized to establish

deadlines for non-delictual claims and the procedures and processes contained in the

administrative remedy procedure. La.R.S. 15:1172(B)(2-3). If the offender fails to

timely initiate or pursue his administrative remedies within the deadlines established,

the claim is abandoned and any subsequent suit shall be dismissed with prejudice.

La.R.S. 15:1172(C).

Significantly, if a claim falls within the scope of CARP, review of an adverse

-2- administrative decision is “without a jury and shall be confined to the record. The

review shall be limited to the issues presented in the petition for review and the

administrative remedy request filed at the agency level.” La.R.S. 15:1177(A)(5).

When it was originally enacted, La.R.S. 15:1177 provided that the district court acts

as an appellate court and review, even for tort claims, was limited to the manifest

error standard. La.R.S. 15:1177.

In Pope v. State, 99-2559 (La. 6/29/01), 792 So.2d 713, the supreme court

declared the provisions of La.R.S. 15:1171-79 violated Article V, Section 16(A) of

the Louisiana Constitution to the extent that they are applied to an offender’s tort

actions. The Pope court reasoned that CARP’s unconstitutionality resulted from the

manner in which the district court was limited to a deferential judicial review of the

administrative decision, rather than a de novo review of the tort action. By restricting

judicial review, the administrative procedure, in effect, allowed the Department of

Public Safety and Corrections to adjudicate its own liability in tort actions, and the

district courts were required to give “manifest error” deference to those adjudications.

Thus, it served to “divest the district courts of the original jurisdiction fixed by the

Constitution in those civil matters, such as tort actions, in which the Constitution does

not otherwise provide for original jurisdiction in other tribunals.” Pope, 729 So.2d

at 720.

Subsequent to the Pope decision, the legislature amended CARP to specifically

exclude tort claims from the limited judicial review procedures. As amended, La.R.S.

15:1177(A) provides:

A. Any offender who is aggrieved by an adverse decision, excluding decisions relative to delictual actions for injury or damages, by the [Department] . . . may, within thirty days after receipt of the decisions, seek judicial review of the decision . . . .

-3- Louisiana Revised Statutes 15:1177(C ), was also amended and provides, in relevant

part:

C. This Section shall not apply to delictual actions for injury or damages, however styled or captioned. Delictual actions for injury or damages shall be filed separately as original civil actions.

(Emphasis added.)

However, the Pope court acknowledged the legislature “is free to enact

procedures for initial submission of tort claims by prison inmates to an administrative

agency for review, for example, of frivolous claims, as long as the action of the

administrative agency does not constitute the exercise of original jurisdiction.” Id.,

at 720. In response, in 2002, the legislature amended La.R.S. 15:1172 to provide an

administrative procedure for review of tort claims, reserving the right of an offender

to then file a petition in district court for a de novo hearing. Thus, the legislature

corrected the constitutional objections to CARP.

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