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Creppel v. Dixon Correctional Institute6/21/2002
d that requiring tort actions to be brought in a CARP proceeding is in violation of Article V, Section 16(A) of the Louisiana Constitution, which provides, in pertinent part, that "a district court shall have original jurisdiction of all civil and criminal matters." Pope v. State, 792 So.2d at 721. Apparently, Creppel's claim in his CARP complaint arises from alleged negligence committed by the nurse-on-duty at DCI. A claim of negligence is a claim in tort, a civil matter. Thus, Creppel is entitled to have the district court adjudicate his tort claim under its original jurisdiction.
Accordingly, the judgment must be reversed and the case remanded to the district court in its original jurisdiction for further proceedings. Assessment of the costs of this appeal shall await final determination of the merits.
REVERSED AND REMANDED.
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