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Peterson v. Toffton9/18/2002
This is an appeal by an inmate from a judgment dismissing his civil action with prejudice, prior to docketing, for failure to state a cause of action and for failure to state a claim upon which relief could be granted. For the reasons set forth below, we affirm the trial court's judgment.
Facts
Kevin Peterson is an inmate at the David Wade Correctional Center ("DWCC") in Claiborne Parish. In January 2002, Peterson filed suit against DWCC Warden Kelly Ward, against DWCC employees John Toffton and Ray Hanson, and against the Louisiana Department of Corrections ("DOC"). Peterson sought punitive damages and compensatory damages from the defendants for injuries he allegedly suffered in connection with disciplinary proceedings. Peterson's allegations essentially are that on January 27, 2001, he asked Lt. John Toffton for permission to call the Claiborne Parish Sheriff's Office to report alleged crimes of theft, filing false public records, and malfeasance in office by a DWCC employee. Toffton allegedly denied Peterson's request, telling him in a threatening manner that the requested call was against prison rules and policy and was an unauthorized call. Toffton allegedly told Peterson that he was only allowed to make a call to attorneys on an approved list, but "not to police or other sources." Peterson then asserted to Toffton that Toffton was obstructing justice and Peterson would be compelled to bring charges against him for obstruction of justice. Toffton allegedly became angry and retaliated against Peterson by filing a disciplinary report against him.
Through the disciplinary proceedings, Peterson was found to have violated prison rules and was subjected to penalties of 10 days in isolation and 30-days forfeiture of good time. Peterson's petition to the district court asserts that he exhausted all administrative remedies before filing suit. His petition contains both a copy of his request for an administrative remedy to the warden, Kelly Ward, and a copy of his appeal to the Secretary of the DOC denying Peterson's appeal. His request for an administrative remedy sought to have his good-time credits restored, "expungement," and "monetary awards for the (10) days isolation I served."
The request for an administrative remedy did not assert any physical injuries to Peterson, and did not assert that Toffton made his disciplinary report in retaliation. Likewise, the warden's appeal decision does not indicate that Peterson either complained of any physical injuries or asserted that Toffton was retaliating against him. Instead, the decision simply indicates that Peterson argued his rights had been violated and that he had been denied due process because the disciplinary board had changed the rule number on the disciplinary report. However, the warden, upon reviewing the tape of the hearing, determined that the disciplinary board found that the description in the disciplinary report more appropriately described one rule violation than another, and that Peterson was given a corrected copy of the report, as well as 24 hours in which to prepare his defense. The warden found that Peterson clearly was attempting to have Toffton violate institutional rules and regulations in order to get an unauthorized phone call, and that there was nothing to indicate that Peterson received anything less than a fair and impartial hearing. Because of the seriousness of the offense, the warden concurred in the board's finding of guilt and the sanctions imposed.
Peterson's petition states that after the warden denied his appeal, Peterson appealed to the Secretary of the DOC and his appeal was denied there as well. However, that alleged denial is not contained in the record.
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