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Hull v. Stalder2/15/2002
Disposition: VACATED IN PART AND AFFIRMED IN PART.
This matter arises from the trial court's dismissal of an inmate's petition for judicial review. Because we conclude the trial court had no jurisdiction to address the inmate's claims, we vacate the portion of the trial court's judgment that sustained an exception of no cause of action and assessed costs to the inmate, and we affirm the dismissal of the inmate's petition.
FACTUAL AND PROCEDURAL BACKGROUND
On July 26, 2000, Samuel Hull, an inmate at Dixon Correctional Institute ("Dixon"), filed a petition for judicial review in the Nineteenth Judicial District Court. Therein, he named the following individuals as defendants: Richard Stalder, Secretary of the Department of Public Safety and Corrections ("the Department"); James M. Leblanc, Warden of Dixon; and R. C. Hudnall, an officer at Dixon. In his petition, Hull challenged Dixon's "call out" system for inmate's access to the law library and sought "unlimited access to [Dixon's] law library." In attachments to his petition, Hull complained that he had been allowed only about one and one-half hours in the library to prepare a brief for federal court.
Hull's petition was screened by a commissioner in accordance with La. R.S. 15:1178 and 1188 to determine whether the petition stated a cognizable claim or if the petition, on its face, was frivolous or malicious, failed to state a cause of action, or sought monetary damages from a defendant who was immune from liability for monetary damages. On August 15, 2000, the commissioner issued a screening report, recommending the dismissal of Hull's petition because of its failure to state a cause of action. On September 14, 2000, the trial court sustained its own exception of no cause of action and signed a judgment in favor of the defendants, dismissing plaintiff's suit without prejudice at plaintiff's cost of $97.95. Hull appeals the trial court's judgment.
ANALYSIS
We must first consider whether this case is properly before the court and whether there is a basis for jurisdiction in this court. Jurisdiction is the legal power and authority of a court to hear and determine an action or proceeding involving the legal relations of the parties, and to grant the relief to which they are entitled. La. C.C.P. art. 1; Robinson v. Parole & Prob. Div., Dep't of Public Safety & Corr., 2000-1574, p.3 (La. App. 1st Cir. 9/28/2001), ___ So.2d ___.
Jurisdiction over the subject matter is the legal power and authority of a court to hear and determine a particular class of actions or proceedings, based upon the object of the demand, the amount in dispute, or the value of the right asserted. La. C.C.P. art. 2. The jurisdiction of a court over the subject matter of an action or proceeding cannot be conferred by consent of the parties or waived; a judgment rendered by a court which has no jurisdiction over the subject matter of the action or proceeding is void. La. C.C.P. arts. 3 and 925(C). It is the duty of a court to examine subject matter jurisdiction sua sponte, even when the issue is not raised by the litigants. Robinson v. Parole & Prob. Div., Dep't of Public Safety & Corr., 2000-1574, p.3.
In this case, the commissioner and the trial court did not have jurisdiction over Hull's claim because he failed to exhaust administrative remedies available to him under the Corrections Administrative Remedy Procedure (CARP), La. R.S. 15:1171 et seq., prior to filing his petition for judicial review in the district court. Because the district court had no jurisdiction, this court has no appellate jurisdiction over this matter. Metro Riverboat Associates, Inc. v. Louisiana Gami
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