Dickens v. Louisiana Correctional Institute for Women
77 So. 3d 70
La. Ct. App.2011Background
- Dickens, an inmate at LCIW, sues for injuries from a June 4, 2008 slip in the kitchen.
- LCIW/State DOC raised lack of subject matter jurisdiction, arguing CARP exhaustion was not satisfied.
- Weldon affidavit claimed no ARP filed by Dickens; letters to staff did not state ARP initiation.
- Plaintiff argued her letters and prior communications satisfied ARP initiation and that state failures to advise her should not penalize her.
- Trial court sustained the exception and dismissed with prejudice; on rehearing it again dismissed; Dickens appealing.
- Court affirmatively holds lack of subject matter jurisdiction due to failure to exhaust CARP before suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CARP exhaustion was satisfied | Dickens argues letters fulfilled ARP initiation | Letters lacked required ARP phrase; no ARP filed | Lack of exhaustion; dismissal affirmed |
| Whether letters with ARP on envelopes suffice without exact phrase | Letters nonetheless initiated ARP | Phrase required; not present | Not sufficient; ARP not properly initiated |
| Whether trial court had subject matter jurisdiction despite prose | Subject-matter jurisdiction preserved by exhaustion | Jurisdiction hinges on CARP compliance | Jurisdiction lacked due to non-exhaustion |
Key Cases Cited
- Pope v. State, 792 So.2d 713 (La. 2001) (CARP unconstitutional provisions narrowed; not reviewable on appeal here)
- Walker v. Appurao, 29 So.3d 575 (La. App. 1 Cir. 2009) (amendments to CARP; exhaustion required before suit)
- Rochon v. Young, 6 So.3d 890 (La. App. 1 Cir. 2009) (CARP issues; exhaustion requirement applied)
- McPherson v. Foster, 889 So.2d 282 (La. App. 1 Cir. 2004) (subject matter jurisdiction; defendant bears burden to show lack)