Evans v. Louisiana Department of Public Safety & Corrections
Evans v. Louisiana Department of Public Safety & Corrections
Opinion of the Court
I «.This appeal was filed by an inmate incarcerated at Dixon Correctional Institute (DCI), which is under the authority of the Louisiana Department of Public Safety and Corrections (DOC). The matter we are reviewing is a recommendation made by a commissioner of the Nineteenth Judicial District Court and adopted by the district court judge
Commissioner John Smart of the Nineteenth Judicial District reviewed appellant’s record and made a preliminary recommendation in which he recommended that appellant be given thirty days to amend his mandamus petition to an application for judicial review. This recommendation was adopted, and a judgment so ordering was signed by the district court on February 16, 2012. The appellant received a copy of the Commissioner’s recommendation and filed an | .¡application for judicial review. The Department of Corrections answered by filing a motion to dismiss for failure to timely seek judicial review.
A hearing was held before a commissioner, in accordance with the provisions of La. R.S. 15:1177A. Section A states that “Any offender who is aggrieved by an adverse decision ... may, within thirty days after receipt of the decision, seek judicial review of the decision in the Nineteenth Judicial District Court.” Further, section A(l )(a) provides: “Proceedings for review may be instituted by filing a petition for review in the district court within thirty days after receipt of the notice of the final decision by the agency....” Section A(b) provides who the proper defendant is in an action for judicial review, and it is not the Secretary of DOC. “The only proper party defendant is the Department of Public Safety and Corrections when seeking judicial review of an administrative decision.”
At the hearing on September 12, 2012, Commissioner Quintillis K. Lawrence (Commissioner Smart had retired) told the appellant that he would allow him to go forth with his complaint, that is his request for judicial review. Later the commissioner stated:
You get to argue that your property loss was wrong, that you should get compensation or your property — you get to ask for your relief. Without dealing with whether or not you can or cannot file the request for the court to hear it, 1 am allowing you to go forward with your request for judicial review
[[Image here]]
What 1 am telling you is that, that, not anything relating to whether or not it can be heard but the issue itself, the property loss. I am asking you to brief that. Not brief whether or not your case should even be heard. That’s done, (emphasis added.)
Appellant was ordered to submit a brief on the issue of the property loss.
We note that Mr. Evans’ original grievance was filed on June 1, 2011, complaining that his personnel effects were seized on January 2, 2011. The Louisiana Administrative Code (LAC) provides a 90-day time period in which to file such a complaint.
For these reasons the judgment of the trial court is affirmed. We assess costs to the appellant, Mr. Majuangy Evans.
AFFIRMED.
. The office of commissioner of the 19th JDC was created by La. R.S. 13:711 to hear and recommend disposition of criminal and civil proceedings arising out of the incarceration of state prisoners. The commissioner's written findings and recommendations are submitted to a district court judge, who may accept, reject, or modify them. La. R.S. 13:713(0(5).
. Louisiana Administrative Code, Title 22, Part I, Chapter 3, Subchapter A, Section 325 provides the applicable time limitations and procedures in prisoner complaints. If a complaint is accepted, it provides for a two-step process before the administrative remedies have been exhausted. However, if a complaint is rejected, that is a final agency decision.
. If the grievance is for “lost” property, the time limitation is only 10 days.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.