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Reed v. Louisiana Department of Public Safety and Corrections9/28/2001
serting his claim should be waived because Pope's injuries were so severe that he was physically unable to file his claim within that time. The court of appeal exercised its supervisory authority, reversed the judgment of the district court, and dismissed Pope's tort action with prejudice. Pope v. State, 99-0669 (La. App. 1st Cir. 7/26/99)(unpublished writ action).
On Pope's application, the supreme court granted certiorari to consider whether the provisions of the corrections administrative remedy procedure, as applied to an inmate's tort claims, violate the constitutional grant of original jurisdiction in all civil and criminal matters to the district courts. After reviewing the history of the constitutional provision, the legislation authorizing the promulgation of the corrections administrative remedy procedure, and the jurisprudence interpreting its provisions, the supreme court found that in applying these provisions, DPSC exercised original jurisdiction in tort actions in violation of the Louisiana Constitution. Therefore, the supreme court held that the provisions of Louisiana Revised Statutes 15:1171-79 were unconstitutional to the extent they were applied to an inmate's tort claims. Pope, 2001 WL 744011, *6, ____ So.2d at ____.
In the tort case we are reviewing, the district court's judgment was rendered before the Pope decision declared the provisions of the corrections administrative remedy procedure unconstitutional. So, although the judgment was rendered in accord with then-applicable legal tenets, it cannot be upheld unless there is some other basis under which the exception of improper venue can be maintained. Our research has revealed no such basis. Accordingly, the provisions of Louisiana Code of Civil Procedure article 74 are applicable to Reed's claim. Under that Article, an action for the recovery of damages for an offense or quasi offense may be brought in the parish where the wrongful conduct occurred or in the parish where the damages were sustained. In this case, the allegedly wrongful conduct occurred and damages were sustained in West Feliciana Parish. Therefore, venue is proper in the Twentieth Judicial District Court, Parish of West Feliciana.
CONCLUSION
The judgment finding venue was improper is reversed, the order to transfer is vacated, and this case is remanded to the Twentieth Judicial District Court. All costs of this appeal, in the amount of $95, are assessed against the Louisiana Department of Public Safety and Corrections.
REVERSED IN PART, VACATED IN PART, AND REMANDED.
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