Opinion
2014 CA 0073
10-07-2014
SHARON PICKETT EDWARDS v. DEPUTIES "X", "Y", "Z" (NAMES UNKNOWN); SID J. GAUTREAUX, III, INDIVIDUALLY, AND IN HIS CAPACITY AS SHERIFF OF EAST BATON ROUGE PARISH
Sharon Edwards Baton Rouge, Louisiana Plaintiff/Appellant Pro Se Mary G. Erlingson Tara L. Johnston Baton Rouge, Louisiana Attorneys for Defendant/Appellee Sid J. Gautreaux, III, Individually, and In His Capacity as Sheriff of East Baton Rouge Parish
NOT DESIGNATED FOR PUBLICATION
APPEALED FROM THE NINETEENTH JUDICIAL DISTRICT COURT
IN AND FOR THE PARISH OF EAST BATON ROUGE
STATE OF LOUISIANA
DOCKET NUMBER C576501, SECTION 24
HONORABLE R. MICHAEL CALDWELL, JUDGE Sharon Edwards
Baton Rouge, Louisiana
Plaintiff/Appellant
Pro Se
Mary G. Erlingson
Tara L. Johnston
Baton Rouge, Louisiana
Attorneys for Defendant/Appellee
Sid J. Gautreaux, III, Individually,
and In His Capacity as Sheriff of
East Baton Rouge Parish
BEFORE: PARRO, McDONALD, AND CRAIN, JJ.
McDONALD, J.
This is an appeal from a judgment sustaining an exception raising the objection of lack of subject matter jurisdiction and dismissing the plaintiff's suit. After a thorough review, we affirm the trial court judgment.
The plaintiff, Sharon Pickett Edwards, was detained in the East Baton Rouge Parish Prison on misdemeanor charges on March 22, 2008, when her left arm was caught in a moving cell gate and she was injured. Ms. Edwards filed suit on March 17, 2009, asserting that Sid J. Gautreaux, III, individually and in his capacity as Sheriff of East Baton Rouge Parish, committed negligence leading to her injury, and asking for damages. Sheriff Gautreaux, individually, and in his capacity as Sheriff of East Baton Rouge Parish, filed an a declinatory exception raising the objection of lack of subject matter jurisdiction, asserting that Ms. Edwards was required to initiate a claim for administrative remedies for a delictual action for injury pursuant to La. R.S. 15:1172, which she had failed to do. Thus, Sheriff Gautreaux sought dismissal of Ms. Edwards' suit, with prejudice, for failure to comply with La. R.S. 15:1171, et seq. Following a hearing, the district court sustained the exception and dismissed the suit against Sheriff Gautreaux with prejudice. Ms. Edwards has appealed that judgment.
Ms. Edwards also named as defendants Deputies X, Y, and Z.(names unknown).
At the outset, we note that La. R.S. 15:1171(B) authorizes the adoption and promulgation of administrative remedy procedures in these situations, which procedures "shall provide the exclusive remedy available to the offender for complaints or grievances." (emphasis added). La. R.S. 15:1172(B) provides that an offender shall initiate his administrative remedies for a delictual action for injury or damages within ninety days from the day the injury or damage is sustained. If an offender fails to timely initiate or pursue his administrative remedies within the deadlines established by La. R.S. 15:1172(B), his claim is abandoned, and any subsequent suit asserting such a claim shall be dismissed with prejudice. La. R.S. 15:1172(C). Under La. R.S. 15:1171, Ms. Edwards was required to first submit her complaint to the administrative remedy process prior to filing suit, and her failure to do so deprived the court of jurisdiction over the subject matter. Rochon v. Young, 2008-1349 (La. App. 1 Cir. 2/13/09), 6 So.3d 890, 892, writ denied, 2009-0745 (La. 1/29/10), 25 So.3d 824, cert. dismissed, 560 U.S. 921, 130 S.Ct. 3325, 176 L.Ed.2d 1216 (2010).
Dennis Grimes, warden of the East Baton Rouge Parish Prison, acknowledged at the hearing that the inmate handbook provided to Ms. Edwards only stated a 30-day time period in which to initiate a grievance. Ms. Edwards testified that she never received the handbook; however, Ms. Edwards signed an inmate intake form at the jail indicating that she received the handbook, among other items. Nevertheless, the trial judge found her testimony, stating that she did not sign the form, was not persuasive. Ms. Edwards also testified that she never read the inmate intake form, because she did not have her reading glasses.
In any case, Ms. Edwards failed to file a grievance within 90 days, and in fact Ms. Edwards did not file a grievance until May 27, 2009, after she filed her lawsuit. There is no evidence in the record that Ms. Edwards relied upon the 30-day period provided in the handbook, and she does not argue on appeal that she relied upon the handbook.
Thus, we find no error in the trial court judgment sustaining the Sheriff's exception raising the objection of lack of subject matter jurisdiction and dismissing the suit with prejudice. For the foregoing reasons, the district court judgment is affirmed. Costs are assessed against Ms. Edwards.
AFFIRMED.