Stanley v. Sullivan

314 P.3d 883, 49 Kan. App. 2d 732, 2013 WL 6383022, 2013 Kan. App. LEXIS 98
CourtCourt of Appeals of Kansas
DecidedDecember 6, 2013
DocketNos. 109,388; 109,389; 109,390
StatusPublished
Cited by1 cases

This text of 314 P.3d 883 (Stanley v. Sullivan) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanley v. Sullivan, 314 P.3d 883, 49 Kan. App. 2d 732, 2013 WL 6383022, 2013 Kan. App. LEXIS 98 (kanctapp 2013).

Opinion

Bruns, J.:

Billy J. Stanley, a civilly committed sexually violent predator, is a patient in the custody of the Secretary of the Kansas Department for Aging and Disability Services pursuant to the Sexually Violent Predator Act (SVPA), K.S.A. 59~29a01 et seq. During 2012, Stanley filed three separate petitions for writs of habeas corpus under K.S.A. 2012 Supp. 60-1501 in the Pawnee County District Court. Ultimately, the district court dismissed Stanley’s petitions for failure to exhaust administrative remedies prior to seeking court intervention. On appeal, Stanley argues that the enactment of K.S.A. 2012 Supp. 59-29a24 excuses him from his obligation to exhaust administrative remedies prior to filing a petition seeking a writ of habeas corpus. Based on the language of the statutes in question, as well as upon the legislative history, we conclude that civilly committed sexually violent predators are still required to exhaust any applicable administrative remedies prior to seeking the extraordinary remedy of habeas corpus under K.S.A. 2012 Supp. 60-1501. Accordingly, we affirm the district court’s dismissal of Stanley’s petitions for writs of habeas corpus.

Facts

The facts of this case are not in dispute. During August 2012, Stanley—who is a patient in the Sexual Predator Treatment Program (SPTP) at Larned State Hospital—filed three petitions in Pawnee County District Court seeking writs of habeas corpus pursuant to K.S.A. 2012 Supp. 60-1501. The district court stayed each [734]*734of the habeas corpus actions for 90 days so that Stanley could exhaust his administrative remedies through the SPTP.

On January 7, 2013, the district court dismissed each of the ha-beas corpus petitions because Stanley had failed to timely exhaust administrative remedies. Stanley filed timely notices of appeal, and appellate counsel was appointed to represent him. Subsequently, on March 25, 2013, this court consolidated the three cases because they present the same issue on appeal.

Analysis

Issue Presented

The sole issue presented is whether the district court erred in dismissing Stanley’s K.S.A. 2012 Supp. 60-1501 petitions for writs of habeas corpus for his failure to timely exhaust administrative remedies. Specifically, Stanley argues that K.S.A. 2012 Supp. 5929a24(d) eliminates any requirement that patients in the SPTP exhaust administrative remedies prior to the filing of a petition for writ of habeas corpus. Stanley contends that in enacting K.S.A. 2012 Supp. 59-29a24, the legislature intended to require patients in the SPTP to exhaust administrative remedies before filing all civil actions except habeas corpus against the State or its political officials. In response, the State contends that the legislature did not intend to exempt patients in the SPTP from the requirement that they exhaust any applicable administrative remedies prior to filing a petition for writ of habeas corpus under K.S.A. 2012 Supp. 60-1501.

On appeal, Stanley does not argue that appropriate administrative remedies were unavailable to him. He also does not argue that they failed to'meet due process requirements, thereby denying him access to the courts. Accordingly, we do not address these issues in this decision. Likewise, because of the narrow issue presented in this case—whether K.S.A. 2012 Supp. 59-29a24(d) negates tire exhaustion requirement for habeas corpus actions brought by SPTP patients—we express no opinion on the merits of Stanley’s underlying claims nor do we determine the circumstances under which exhaustion of administrative remedies is appropriate.

[735]*735 Standard of Review

As the issue presented involves a matter of statutory interpretation, our review is unlimited. Jeanes v. Bank of America, 296 Kan. 870, 873, 295 P.3d 1045 (2013). The fundamental goal in statutory construction is to ascertain the intent of the legislature. We examine the plain meaning of the statutory language by giving common words their ordinary meaning. If the words used in a statute are unclear or ambiguous, we then look to legislative histoiy or other background considerations to determine the legislature’s intent. But even if the language of a statute is plain and unambiguous, we still must harmonize or reconcile various provisions of an act together to avoid statutory interpretations that would be unreasonable or render legislation meaningless. Northern Natural Gas Co. v. ONEOK Field Services Co., 296 Kan. 906, 918, 296 P.3d 1106 (2013).

Extraordinary Legal Remedy of Habeas Corpus

The United States Constitution provides: “The Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it.” U.S. Const, art. I, § 9. Similarly, the right to a writ of habeas corpus is protected in the Bill of Rights of the Kansas Constitution. Kan. Const. Bill of Rights, § 8. In fact, the writ of habeas corpus predates both the United States Constitution and the Kansas Constitution. See, e.g., Wilkes, From Oglethorpe to the Overthrow of the Confederacy: Habeas Corpus in Georgia, 1733-1865, 45 Ga. L. Rev. 1015, 1022-23 (2011).

The Kansas Supreme Court has described a writ of habeas corpus as “an extraordinary legal remedy [that] should not be used when relief may be obtained by ordinaiy procedure.” Foster v. Maynard, 222 Kan. 506, 513, 565 P.2d 285 (1977). Except for matters pertaining to sentencing covered by K.S.A. 60-1507, the statutory procedures required to obtain a writ of habeas corpus in Kansas are found in K.S.A. 60-1501 et seq. See Safarik v. Bruce, 20 Kan. App. 2d 61, 66-67, 883 P.2d 1211, rev. denied 256 Kan. 996 (1994).

[736]*736K.S.A. 2012 Supp. 60-1501(a) provides that “any person in this state who is detained, confined or restrained of liberty on any pretense whatsoever...

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Related

Stanley v. Sullivan
336 P.3d 370 (Supreme Court of Kansas, 2014)

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Bluebook (online)
314 P.3d 883, 49 Kan. App. 2d 732, 2013 WL 6383022, 2013 Kan. App. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-sullivan-kanctapp-2013.