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Roosevelt Florida v. Louisiana Department of Public Safety and Corrections6/21/2002
missing plaintiffs' suit was rendered prior to the Pope decision. The district court based its dismissal on the conclusion that plaintiffs' claims must first be submitted to Department officials under CARP. See LSA-R.S. 15:1172. Although the district court review was conducted in accordance with then-applicable legal tenets, the judgment cannot be upheld, because the district court did not exercise original jurisdiction at the inception of plaintiffs' civil action. See Pope, 99-2559 at p. 10, 792 So. 2d at 719; Rhone, 2000-1774 at p. 2, ___ So. 2d at ___. Accordingly, the judgment of the district court granting the Department's motion to dismiss and dismissing plaintiffs' claims without prejudice must be reversed and the case remanded for further proceedings.
CONCLUSION
For the above and foregoing reasons, the February 13, 2001 judgment of the district court is reversed, and this matter is remanded to the district court for further proceedings consistent with this opinion. The assessment of costs is pretermitted, pending the outcome of the case on remand.
REVERSED AND REMANDED.
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