Williams v. La. Dep't of Pub. Safety & Corr.

257 So. 3d 690
CourtLouisiana Court of Appeal
DecidedSeptember 21, 2018
Docket2018 CA 0268
StatusPublished
Cited by10 cases

This text of 257 So. 3d 690 (Williams v. La. Dep't of Pub. Safety & Corr.) 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
Williams v. La. Dep't of Pub. Safety & Corr., 257 So. 3d 690 (La. Ct. App. 2018).

Opinion

WELCH, J.

The appellant, Avis Williams, an inmate in the custody of the Department of Public Safety and Corrections ("DPSC") and housed at Rayburn Correctional Center, appeals a judgment of the district court that dismissed his petition for judicial review. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Williams appeals a district court judgment dismissing his petition for judicial *691review of the DPSC Disciplinary Board Appeal number WNC-2016-129. The disciplinary action that is the subject of WNC-2016-129 addresses an incident that occurred on April 25, 2016, wherein Williams attempted to engage in a "non-professional" relationship with a DPSC employee.1 The DPSC placed Williams in administrative segregation pending investigation. On May 3, 2016, the DPSC charged Williams with general prohibited behavior, a violation of Rule # 30(D) of the Disciplinary Rules and Procedures for Adult Inmates.

On May 6, 2016, the DPSC deferred Williams's hearing due to him "being in transit."2 Thereafter, following a hearing held on May 11, 2016, the Disciplinary Board found Williams guilty of general prohibited behavior, a violation of Rule # 30(D).3 The Board sentenced Williams to a custody change4 and imposed a twelve-week loss of canteen privileges. Williams appealed the disciplinary matter within the DPSC in accordance with the Corrections Administrative Remedy Procedure ("CARP"), La. R.S. 15:1171 -79, arguing that the 72-hour rule was violated.5 The DPSC denied his appeal.

After exhausting his administrative remedies, Williams filed a petition for judicial review of the DPSC's Disciplinary Board decision with the Nineteenth Judicial District Court.6 The case was assigned to a commissioner for evaluation and to make a recommendation to the district court judge.7 Williams argued that DPSC violated its own rules and procedures for disciplinary actions by not affording him a disciplinary hearing within 72 hours of his placement in administrative lockdown, resulting in a violation of his right to due process. The DPSC answered, denying *692Williams's claims and specifically stating that Williams failed to show that the DPSC was clearly wrong in upholding his conviction for a Rule # 30(D) violation.

The Commissioner ordered the matter remanded to the DPSC for an expansion of the record to include the audio recording of the disciplinary hearing and stayed the case for 30 days pending the supplement of the record. Thereafter, the Commissioner issued a rule to show cause, ordering the DPSC to show cause why it should not be held in contempt for failing to comply with the Commissioner's order to supplement the administrative record with the audio recordings of Williams's disciplinary hearing. According to the minutes contained in the record, the show cause hearing never occurred; further, it is not clear from the record whether the audio recordings were ever supplemented to the administrative record by the DPSC.

Thereafter, the Commissioner issued his recommendation, finding that Williams was not entitled to relief because he had alleged no substantial right that was violated. The Commissioner did not specifically address Williams's contention on administrative appeal that his due process rights were violated when he did not receive a disciplinary hearing within 72 hours of being placed in administrative segregation.

The district court signed a judgment affirming the administrative decision and dismissing Williams's petition for judicial review.

Williams has appealed from that judgment, arguing that the DPSC violated its own rules and procedures for disciplinary actions by not affording him a disciplinary hearing within 72 hours of his placement in administrative segregation, resulting in a violation of his right to due process.

STANDARD OF REVIEW

Enacted in 1985, CARP authorized the DPSC to adopt and implement an administrative remedy procedure for receiving, hearing, and disposing of any and all inmate complaints and grievances. La. R.S. 15:1171 -79. As provided in CARP, an offender aggrieved by an adverse decision rendered pursuant to any administrative remedy procedure can institute proceedings for judicial review by filing a petition for judicial review in the Nineteenth Judicial District Court. La. R.S. 15:1177. On review of the agency's decision, the district court functions as an appellate court. Its review shall be confined to the record and 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). The court may affirm the decision of the agency or remand the case for further proceedings or order that additional evidence be taken. La. R.S. 15:1177(A)(8). The court may reverse or modify the administrative decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions, (2) in excess of the statutory authority of the agency, (3) made upon unlawful procedure, (4) affected by other error of law, (5) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion, or (6) manifestly erroneous in view of the reliable, probative and substantial evidence on the whole record. La. R.S. 15:1177(A)(9) ; Edwards v. Bunch, 2007-1421 (La. App. 1st Cir. 3/26/08), 985 So.2d 149, 152.

On review of the district court's judgment in a suit for judicial review under La. R.S. 15:1177, no deference is owed by the court of appeal to the factual findings or legal conclusions of the district *693court, just as no deference is owed by the Louisiana Supreme Court to factual findings or legal conclusions of the court of appeal. Edwards, 985 So.2d at 152.

Under the Disciplinary Rules and Procedures for Adult Offenders, a prisoner has certain rights when appearing before the Disciplinary Board, including the right to present evidence and witnesses on his behalf. LAC 22:1.341(J)(5). These procedural rights must be followed unless waived by the accused. LAC 22:1.341 (G)(4)(b). The rules also provide certain procedural requirements, including the requirement that any offender placed in administrative segregation for a rule violation must be given a disciplinary hearing within 72 hours of being placed in administrative segregation. LAC 22:I.341(G)(3)(c)(i). When it is not possible to provide a full hearing within 72 hours of placement in administrative segregation, the accused must be brought before the Disciplinary Board, informed of the reasons for the delay, and remanded back to administrative segregation or released to his quarters after a date for a full hearing has been set. LAC 22:I.341(G)(3)(c)(i).

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Bluebook (online)
257 So. 3d 690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-la-dept-of-pub-safety-corr-lactapp-2018.