106 So. 3d 841
Miss. Ct. App.2012Background
- Alexander, an inmate at Parchman, sought permission to leave for private dental work at family expense.
- MDOC denied claiming the requested work was not medically necessary and could be done by MDOC dentists.
- Alexander exhausted the Administrative Remedy Program and filed a Motion to Show Cause against MDOC Commissioner Epps.
- Circuit court dismissed the motion, holding the MDOC decision was supported by substantial evidence and not arbitrary or capricious.
- Alexander timely appealed the circuit court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to consider PCR via motion to show cause | Alexander seeks PCR-like relief via administrative challenge | MDOC decision should be reviewed as administrative relief only | Circuit court lacked PCR jurisdiction; appeal dismissed for lack of jurisdiction |
| Substantial evidence support for MDOC decision | MDOC denial not supported by evidence | MDOC evidence sufficient to deny off-site dental care | MDOC decision supported by substantial evidence and not arbitrary or capricious |
| Violation of statutory rights | MDOC violated statutory right to leave under §47-5-173 | §47-5-173 grants discretionary leave; no right to leave for medical reasons | No statutory right to leave; discretion permissible under §47-5-173 |
Key Cases Cited
- Alexander v. State, 358 So.2d 379 (Miss. 1978) (direct appeal upheld, no prejudicial error warranted reversal)
- Alexander v. State, 821 So.2d 869 (Miss. Ct. App. 2002) (PCR-related dismissal for lack of leave to seek PCR on direct appeal)
- Clay v. Epps, 19 So.3d 743 (Miss. Ct. App. 2008) ( circuit courts may dismiss when no relief is due; deferential review standard)
- Ross v. Epps, 922 So.2d 847 (Miss. Ct. App. 2006) (burden on inmate to rebut presumption in MDOC decision)
- McNabb v. State, 915 So.2d 478 (Miss. Ct. App. 2005) (standard for dismissal without a hearing)