Abdullah Alkhalidi v. Indiana Department of Correction
2015 Ind. App. LEXIS 602
| Ind. Ct. App. | 2015Background
- Alkhalidi, an inmate, had personal property seized in a strip cell disciplinary action at Wabash Valley Correctional Facility in 2012.
- Some of Alkhalidi’s property was returned after disciplinary actions and transfers to Westville; the remaining items were not returned.
- Alkhalidi filed a grievance to recover the missing property; the grievance was denied on November 7, 2012.
- Alkhalidi sought administrative relief and later pursued a small claims replevin action against the Indiana Department of Correction seeking $419.34.
- DOC moved to dismiss for failure to exhaust administrative remedies; the small claims court denied the motion, and a bench trial followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the small claims court had subject matter jurisdiction | Alkhalidi argues the court had jurisdiction to hear replevin | DOC contends exhaustion issues negate jurisdiction | Subject matter jurisdiction exists; exhaustion is procedural error |
| Whether Alkhalidi had to prove exhaustion of remedies | Exhaustion is not an element of replevin; DOC bears burden | Alkhalidi must prove exhaustion to prevail | DOC bears burden; exhaustion is an affirmative defense not required for replevin |
| Whether the DOC proved Alkhalidi failed to exhaust | Record does not show failure to exhaust | Exhaustion not proven; supposed failure supports dismissal | DOC failed to meet burden; dismissal improper |
Key Cases Cited
- K.S. v. State, 849 N.E.2d 538 (Ind. 2006) (subject matter jurisdiction vs procedural defect for exhaustion)
- First American Title Ins. Co. v. Robertson, 19 N.E.3d 757 (Ind. 2014) (exhaustion of administrative remedies is procedural error, not jurisdictional)
- Jackson v. Wrigley, 921 N.E.2d 508 (Ind. Ct. App. 2010) (exhaustion is affirmative defense; burden on moving party to prove lack of exhaustion)
- Young v. State, 888 N.E.2d 1255 (Ind. 2008) (post-conviction relief requires evidence of exhausted remedies; exhaustion as defense conceptually relevant)