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Poullard v. Hanson8/14/2002
e first step consists of writing a letter to the warden in which the inmate briefly sets out the basis for his or her claim and the relief sought. The second step is an appeal to the Secretary of the DPSC in which the inmate indicates that he or she is not satisfied with the warden's response. The rules then provide:
If an inmate is not satisfied with the Second Step response, he may file suit in District Court. The inmate must furnish the administrative remedy procedure number on the court forms.
Thus, the provisions of the new, more streamlined administrative remedy procedure do not directly funnel unresolved inmate claims into the judicial review process of LSA-R.S. 15:1177. Instead, the new rules simply inform the inmate that he or she may file suit in district court. This change shows that DPSC has responded to Pope, and that under the new procedure, DPSC officials are to simply review, and hopefully resolve, inmate claims before a suit is filed. The statutory provisions then address the applicability and the nature of judicial review if a suit is filed.
In addition to the recent changes in DPSC's administrative remedy procedure, the legislature also recently amended the provisions of both CARP and PLRA to address and resolve the constitutionality problems pointed out in Pope. Act 89 of 2002 made a number of procedural and curative changes that can be applied both retrospectively and prospectively, and, thus, are pertinent to the case at bar.
Amended provisions of Section 1177 of CARP concerning judicial review now exclude administrative decisions relative to delictual actions for injury and damages. Such actions shall be separately filed as original civil actions. New provisions of Section 1172(E) also suspend liberative prescription for any delictual action for injury or damages arising out of claims asserted by a prisoner in any complaint or grievance filed pursuant to the administrative remedy procedure. The suspension exists from the filing of such a complaint or grievance until the delivery of the final agency decision.
The effect of the amendments to DPSC administrative remedy procedures, and to statutory provisions of CARP and PLRA, is to cure the constitutionality problems that Pope identified with respect to delictual actions. These changes apply to appellant's claims.
In the present case, the trial court correctly found that the evidence presented indicated a failure by Poullard to exhaust administrative remedies. Accordingly, we affirm the trial court's judgment dismissing his suit without prejudice for failure to exhaust administrative remedies. Because the administrative procedure and statutory law changed after this case was decided in the trial court, but before this opinion was rendered, we hold that Poullard has 90 days from the date of this opinion to initiate administrative remedies for his delictual action.
CONCLUSION
For the reasons set forth above, the judgment of the trial court is affirmed, at appellant's costs. Appellant has 90 days to initiate administrative remedies.
AFFIRMED.
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