 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Adamson v. Correctional Medical Services6/14/2000
of dismissal constitutes the final decision of the Secretary for purposes of judicial review." § 10-209(b)(1)(ii). If, however, the complaint is meritorious, the Secretary reviews the order and affirms, remands, or modifies it. See §10-209(c). "Unless the complaint is remanded, the Secretary's order constitutes the final decision for purposes of judicial review." § 10-209(c)(3)(ii).
The final step of the statutorily-contemplated process is judicial review. The procedure for judicial review is set forth in CSA § 10-210:
§ 10-210. Judicial review
(a) Exhaustion of remedies. -- A court may not consider an individual's grievance that is within the jurisdiction of the Office or the Office of Administrative Hearings unless the individual has exhausted the remedies provided in this subtitle.
(b) Circuit court review. -- (1) The complainant is entitled to judicial review of the final decision of the Secretary under § 10-207(b)(2)(ii) or § 10-209(b)(1)(ii) or (c)(3)(ii) of this subtitle.
(2) Proceedings for review shall be instituted in the circuit court of the county in which the complainant is confined.
(3) Review by the court shall be limited to:
(i) a review of the record of the proceedings before the Office and the Office of Administrative Hearings and any order issued by the Secretary following those proceedings; and
(ii) a determination of whether the complainant's rights under federal or State law were violated.
(c) Appellate review. - (1) The Administrative Procedure Act does not apply to appellate review of a final judgment of the circuit court under this section.
(2) A party aggrieved by the decision of the circuit court may file an application for leave to appeal to the Court of Special Appeals in accordance with the Maryland Rules.
It is clear that the CSA establishes for covered inmate grievances an administrative remedy through the IGO that is primary, but not exclusive, and which must be invoked and exhausted before an inmate ordinarily may seek review of an adverse decision. See Zappone v. Liberty Life Ins. Co., 349 Md. 45, 60, 706 A.2d 1060, 1067-68 (1998).
The legislature also injected several judicial screening procedures into the PLA to ensure strict compliance with its administrative exhaustion requirement, including documentary proof of exhaustion and judicial scrutiny of the initial complaint in any civil action filed with a court by an inmate. PLA § 5-1003 states, in pertinent part:
(a) In general. - (1) A prisoner may not maintain a civil action until the prisoner has fully exhausted all administrative remedies for resolving the complaint or grievance.
(2) Except as provided in paragraph (3) of this subsection, an administrative remedy is exhausted when the prisoner has pursued to completion all appropriate proceedings for appeal of the administrative disposition, including any available proceedings for judicial review.
(3) Judicial review following administrative consideration shall be the exclusive judicial remedy for any grievance or complaint within the scope of the administrative process, unless the prisoner's complaint or grievance was found to be meritorious and monetary damages were not available through the administrative remedy available to the prisoner.
(b) Proof. - (1) When a prisoner files a civil action, the prisoner shall attach to the initial complaint proof that administrative remedies have been exhausted.
(2) The attachment shall include proof:
(i) That the prisoner has filed a complaint or grievance with the appropriate agency;
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.
|
|