Opinion
2023 CW 0674
08-28-2023
RICKY KIRKLAND v. EAST BATON ROUGE CITY/PARISH, JAMES LARRY AND RODERICK BROWN
James Larry, Roderick Brown, and Sid J. Gautreaux, III, in his capacity as the Sheriff of East Baton Rouge Parish, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 723444.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT DENIED. Under La. R.S. 15:1171, et seq., known as the Corrections Administrative Remedy Procedure Act ("CARP"), the sheriff is empowered to adopt administrative remedy procedures for evaluating complaints of offenders. Further, such procedures, if adopted, would prevent an offender from asserting a claim until such administrative remedies are exhausted. La. R.S. 15:1184(A)(2). Here, however, the sheriff has not clearly established an administrative remedy procedure that applies to tort claims occurring outside the prison. The sheriff's regulations reference CARP, but then merely state that they apply to "any complaint by an inmate personally affected regarding ... deputy or inmate actions, or incidents occurring within the prison." In contrast, the Department of Public Safety and Corrections has adopted administrative procedures that apply specifically to "personal injuries" for all offenders in its custody. La. Admin. Code tit. 22, pt. 1, § 325(D) (2). Such clarity is not present in the sheriff's regulations, and we find no such procedure has been adopted for tort claims occurring outside the prison.
JEW
GH
EW