Opinion
NO. 2014 CW 1850
03-09-2015
In Re: Joshua Cavanaugh, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 480, 943. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.
WRIT DENIED. Louisiana Revised Statute 15:1171(B) grants authority to the Department of Public Safety and Corrections to adopt administrative remedy procedures in compliance with federal law to receive, hear, and dispose of all inmate complaints and grievances. The statute further provides that such complaints and grievances include actions pertaining to time computations, and that such administrative remedy procedures are to provide the exclusive remedy to the inmate for those complaints. Owens v. Stalder, 2006-1120 (La. App. 1st Cir. 6/8/07), 965 So.2d 886, 888 n. 4. See also Branch v. Louisiana Dept. of Public Safety and Corrections, 2012-0749 (La. App. 1st Cir. 12/21/12), 111 So.3d 1059, 1060, n. 1. Accordingly, any complaint relator has regarding the alleged failure of the Department of Public Safety and Corrections to give him credit for time served in accordance with La. Code Crim. P. art. 880 should be raised pursuant to the Corrections Administrative Remedy Procedure, La. R.S. 15:1171-1179.
MRT
JMG
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT