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Chavanel v. Louisiana Dep't of Pub. Safety & Corr.

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
Jun 8, 2012
2011 CA 2259 (La. Ct. App. Jun. 8, 2012)

Opinion

2011 CA 2259

06-08-2012

JASON CHAVANEL v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS

Jason Chavanel St. Gabriel, Louisiana Plaintiff/Appellant In Proper Person William Kline Baton Rouge, Louisiana Counsel for Defendant/Appellee Louisiana Department of Corrections


NOT DESIGNATED FOR PUBLICATION


On Appeal from the Nineteenth Judicial District Court

In and for the Parish of East Baton Rouge

State of Louisiana

Docket No. 602,608


Honorable Timothy Kelley, Judge Presiding

Jason Chavanel

St. Gabriel, Louisiana

Plaintiff/Appellant

In Proper Person

William Kline

Baton Rouge, Louisiana

Counsel for Defendant/Appellee

Louisiana Department of

Corrections

BEFORE: PETTIGREW, McCLENDON, AND WELCH, JJ. McCLENDON , J.

Jason Chavanel, an inmate in the custody of the Louisiana Department of Public Safety and Corrections (the Department), was convicted of violating Disciplinary Rule #30C (general prohibited behavior) and was sentenced to a custody change and a temporary loss of canteen privileges. After exhausting his review before the Department, Chavanel filed a petition for judicial review in the Nineteenth Judicial District Court. In a screening report submitted by the commissioner for the district court, it was recommended that the court raise, on its own motion, and grant an exception of no cause of action, dismissing Chavanel's suit with prejudice, without an opportunity to amend and at his cost. The commissioner also recommended that Chavanel be assessed a strike pursuant to LSA-R.S. 15:1187 for failing to state a cause of action or raise a cognizable claim. Thereafter, the district court issued a screening judgment in conformity with the recommendation of the commissioner.

After a thorough review of the record, we find no error in the analysis or conclusions of the district court. As recognized by the commissioner, LSA-R.S. 15:1177A(9) authorizes the district court to intervene in the decision of the Department only if Chavanel's "substantial rights" had been violated, and a custody classification or temporary restriction of canteen privileges is not an atypical deprivation of a substantial right. Therefore, modification or reversal of the disciplinary action was not warranted under the law.

Accordingly, we affirm the screening judgment of the district court and issue this summary disposition in accordance with Uniform Rules - Courts of Appeal, Rule 2-16.2A (2) and (4-8). Costs of this appeal are assessed to Jason Chavanel.

AFFIRMED.


Summaries of

Chavanel v. Louisiana Dep't of Pub. Safety & Corr.

STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT
Jun 8, 2012
2011 CA 2259 (La. Ct. App. Jun. 8, 2012)
Case details for

Chavanel v. Louisiana Dep't of Pub. Safety & Corr.

Case Details

Full title:JASON CHAVANEL v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY & CORRECTIONS

Court:STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT

Date published: Jun 8, 2012

Citations

2011 CA 2259 (La. Ct. App. Jun. 8, 2012)

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