LANDIS CAMP v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS (2017)

This matter is before us on appeal by inmate/petitioner, Landis J. Camp, from a judgment of the district court dismissing, without prejudice, his petition for judicial review of an administrative decision. For the following reasons, we affirm.

PROCEDURAL HISTORY

On August 11, 2016, Camp filed a petition for judicial review in which he acknowledged that he had not presented his complaint in the prisoners' grievance procedure.¹ In response, the commissioner issued an order requiring that Camp show written proof of exhaustion of the Administrative Remedy Procedures in accordance with LSA-R.S. 15:1172, LSA-R.S. 15:1184, and the Local Rules of the Nineteenth Judicial District Court.²

On September 21, 2016, the commissioner issued a screening report noting that although Camp's petition set forth a multitude of complaints, it did not appear that Camp had ever filed a grievance, and thus, had no response from either the first or second step, and further, that Camp had failed to respond to the rule to show cause.³ The commissioner concluded that until and unless Camp exhausted his administrative remedies, the court had no jurisdiction to entertain his complaint, and recommended that Camp's petition be dismissed without prejudice or further service for lack of subject matter jurisdiction based on a failure to timely initiate, pursue, and exhaust his administrative remedies as required by R.S. 15:1172(C)⁴ and 15:1176.⁵

In a judgment dated October 25, 2016, the district court, adopting the recommendation and reasons set forth in the commissioner's screening report, ordered that the matter be dismissed without prejudice at Camp's costs. Camp then filed the instant appeal.

DISCUSSION

The Corrections Administrative Remedy Procedure (CARP), set forth in LSA-R.S. 15:1171, et seq., provides that the Louisiana Department of Public Safety and Corrections (DPSC) may adopt an administrative remedy procedure for receiving, hearing, and disposing of any and all complaints and grievances by offenders against the state, the governor, DPSC, or its employees. The adopted procedures are the exclusive remedy for handling the complaints and grievances to which they apply. LSA-R.S. 15:1171.

The rules and procedures promulgated by the DPSC are set forth in Section 325 of Title 22, Part I of the Louisiana Administrative Code. Pursuant to these rules, offenders must exhaust a two-step Administrative Remedy Procedure (ARP) before they can proceed with a suit in federal or state court. See LSA-R.S. 15:1176; LAC 22:I.325(F)(3)(a)(viii). If an inmate fails to exhaust available administrative remedies, the district court and the appellate court lack subject matter jurisdiction to review the petitioner's claims. Collins v. Vanny, 2014-0675 (La. App. 1st Cir. 1/15/15), 169 So. 3d 405, 407.

On review of the record before us, and as acknowledged by Camp in his petition, Camp apparently failed to initiate or pursue the administrative remedy procedure prior to filing his petition for judicial review. Because Camp failed to exhaust his administrative remedies prior to filing the suit, the district court lacked subject matter jurisdiction to consider his claims. See LSA-R.S. 15:1176; LAC 22:I.325(F)(3)(a)(viii). Accordingly, we find that the district court did not err in dismissing his suit without prejudice.

CONCLUSION

Based on the foregoing, we affirm the October 25, 2016 judgment of the district court dismissing Camp's petition for judicial review without prejudice. Costs of this appeal are assessed to the appellant, Landis J. Camp.

AFFIRMED.

FOOTNOTES

1.   In response to the first question presented on the Petition for Judicial Review Form, which asked if Camp presented the facts relating to his complaint in the prisoners' grievance procedure, Camp checked “NO.”

2.   The office of commissioner of the Nineteenth Judicial District Court was created by LSA-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. LSA-R.S. 13:713(C)(5).

3.   The commissioner also noted that if Camp had, in fact, filed a grievance and the warden or secretary of the Department of Public Safety and Corrections (“DPSC”) failed to timely answer his complaint, Camp's remedy would rest in a suit for mandamus to have the warden or DPSC answer a timely and properly filed ARP complaint, not in the court for an appeal on the merits of the complaint.

4.   Louisiana Revised Statute 15:1172(C) provides as follows:If an offender fails to timely initiate or pursue his administrative remedies within the deadlines established in Subsection B of this Section, his claim is abandoned, and any subsequent suit asserting such a claim shall be dismissed with prejudice. If at the time the petition is filed the administrative remedy process is ongoing but has not yet been completed, the suit shall be dismissed without prejudice.

5.   “Before any cause of action may be heard in any state or federal court, administrative remedies must be exhausted under the procedure authorized by this Part.” LSA-R.S. 15:1176.

WHIPPLE, C.J.