Opinion
2022 CW 0413
08-02-2022
SHAWN ESTEVE v. STATE OF LOUISIANA THROUGH LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS ELAYN HUNT CORRECTIONAL CENTER
State of Louisiana, through the Department of Public Safety and Corrections, Elayn Hunt Correctional Center, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 80,602.
BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The Administrative Remedy Process ("ARP") must be exhausted before an offender may proceed with a suit in federal or state court. Allen v. Louisiana Department of Public Safety and Corrections, 2020-0445 (La.App. 1st Cir. 2/19/21), 320 So.3d 1175, 1177. If an offender fails to exhaust administrative remedies, the district court and the appellate court lack subject matter jurisdiction to review the claim. Id.
See also Guy v. Calvit, 2019-1675 (La.App. 1st Cir. 8/5/20), 311 So.3d 362, 364-65. Moreover, offenders are required to use and complete all steps in the ARP properly, including obeying all rules of the procedural process. Allen , 320 So.3d at 1178; LAC 22.I.325.D.1. As plaintiff, Shawn Esteve, did not submit an ARP concerning his denial of medical care and ability to work following his January 16, 2020 fall, his administrative remedies could not be considered exhausted. See Allen , 320 So.3d at 1178; LAC 22.I.325.F.3.a.viii. Esteve failed to exhaust his administrative remedies under the ARP and, as such, there is no subject matter jurisdiction for judicial review of his grievance. Id.
Accordingly, the district court's February 16, 2022 Order denying defendants, the State of Louisiana, through the Department of Public Safety and Corrections and Elayn Hunt Correctional Center's, Exception of Lack of Subject Matter Jurisdiction is reversed, with said exception granted, and Esteve's claims of denial of medical treatment and adverse disciplinary action due to his inability to work, as referenced in Paragraphs 17, 18, 19, and 21 of his Petition for Damages, are dismissed without prejudice.
JMM
MRT
WRC