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Peterson v. Toffton9/18/2002
is request to be released from his work duties," and that the claim was "actually founded on [the defendant's] unhappiness with prison conditions."
In this case, Peterson's complaint arises from a dissatisfaction with the policies and disciplinary procedures of the DWCC. Although Peterson alleges that his injury is like the injury in Pope v. State of Louisiana, 99-2559 (La. 6/29/01), 792 So.2d 713, we disagree. The holding in Pope was directed at the application of CARP to traditional tort actions; actions which are not related to conditions of confinement. The injuries suffered by the inmate in Pope had nothing to do with disciplinary or administrative remedy proceedings, but were caused by an accident which occurred while performing demolition work on a separate correctional facility. In contrast, Peterson's alleged "tort" claims arise directly from the disciplinary and administrative remedy proceedings of the DOC and not from an independent accident.
Peterson's complaint, therefore, seeks a remedy with respect to his conditions of confinement. The unconstitutionality of CARP pronounced in Pope deals only with traditional civil matters such as independent torts, which CARP attempted to divest from the original jurisdiction of district courts. Under the rationale of In the Matter of American Waste & Pollution Control, 588 So.2d 367 (La. 1991), a case involving injuries to a prisoner from conditions of discipline/confinement is not a traditional "civil matter" under Article V, §16 of the 1974 Louisiana Constitution. The 19th Judicial District Court in such a case is not exercising "original jurisdiction" in its review of the DOC, but appellate jurisdiction, which, as also addressed in Article V, §16, may be provided to the district court by the legislature. Loop, Inc. v. Collector of Revenue, 523 So.2d 201 (1987). CARP, which was enacted after the 1974 Louisiana Constitution, like the DEQ legislation at issue in American Waste, is not unconstitutional when applied to injuries from prison confinement. See also Stephanie A. Lottinger, In Re American Waste & Pollution Control Co.: When is an Administrative Appeal Really an Appeal, 1992, 38 Loy. L. Rev. 521.
Peterson's petition and the record reveal that he initially intended to pursue administrative remedies only for issues pertaining to his conditions of confinement and discipline. The provisions of La. R.S. 15:1177(A), therefore, required him to seek judicial review of any adverse administrative remedy decision in the Nineteenth Judicial District Court within 30 days of receipt of the adverse decision. We conclude, therefore, that if Peterson did exhaust his administrative remedies, the proper venue for judicial review of that decision was only in the Nineteenth Judicial District Court. The trial court therefore correctly utilized the judicial screening provisions of CARP and PLRA to dismiss Peterson's claim.
Conclusion
For the foregoing reasons, the judgment of the trial court dismissing the claims of Kevin Peterson is affirmed. Costs are assessed to appellant.
AFFIRMED.
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