 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Adamson v. Correctional Medical Services6/14/2000
(iv) Any action alleging a violation of civil rights against a custodian, the custodian's officers and employees, or any official or employee of the Department; or
(v) Any appeal, application for leave to appeal, or petition for certiorari.
(3) "Civil action" does not include a post-conviction petition or petition for habeas corpus relief.
(d) Conditions of confinement. - "Conditions of confinement" means any circumstance, situation or event that involves a prisoner's custody, transportation, incarceration, or supervision.
(e) Custodian. - "Custodian" means the institution or agency that has custody of the prisoner.
(f) Department. - "Department" means the Department of Public Safety and Correctional Services.
(g) Prisoner. - (1) "Prisoner" means a person who is in the custody of the Department or a local detention center.
(2) "Prisoner" includes pretrial detainees.
The "administrative remedy" process referenced in PLA § 5-1001(b)(2) and, at issue here, is set forth under CSA, Title 10, Subtitle 2. CSA § 10-206 permits a prisoner to submit a complaint for grievances against employees of the DOC to the IGO. It states:
(a) Authorized. -- Subject to subsection (b) of this section, if an individual confined in a correctional facility in the Division of Correction, otherwise in the custody of the Commissioner of Correction, or confined in the Patuxent Institution has a grievance against an official or employee of the Division of Correction or the Patuxent Institution, the individual may submit a complaint to the Office within the time and in the manner required by regulations adopted by the Office.
(b) Exhaustion of remedies. -- If the Division of Correction or the Patuxent Institution has a grievance procedure applicable to the particular grievance of an individual described in subsection (a) of this section and the Office considers the procedure to be reasonable and fair, the Office, by regulation, may require that the procedure be exhausted before submission of a complaint to the Office. (Emphasis added).
After a prisoner files a complaint, CSA § 10-207(a) then requires that " he Executive Director or the Director's designee shall conduct a preliminary review of each complaint submitted to the Office." Following the preliminary review, the Executive Director or designee will either dismiss a complaint that lacks merit or refer a meritorious complaint to the Maryland Office of Administrative Hearings (an independent administrative adjudicatory agency). See CSA § 10-207(b) and (c). If the complaint is meritorious, the administrative review process continues under CSA §§ 10-208 and 10-209. CSA § 10-208(a) grants to the Office of Administrative Hearings the authority to "conduct hearings under this subtitle at correctional facilities in the Division of Correction or at the Patuxent Institution." The hearing process provides for access to documentary evidence, the power of subpoena, requirements of testimony under oath, and that the testimony be recorded. See § 10-208(b) and (c). After a hearing on the complaint, the Office of Administrative Hearings issues "a decision in the form of an order." § 10-209(a)(1). "The order shall include a statement of the findings of fact, the conclusions of law, and the disposition of the complaint under subsection (b) of this section." § 10-209(a)(2). The Office of Administrative Hearings may either dismiss the complaint as lacking in merit, or, if the complaint has merit, forward a proposed order to the Secretary for review. See § 10-209(b)(1)(i) and (2). If the complaint is dismissed by the Office of Administrative Hearings " he order
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|