Adrian Lewis VS Richard Stalder, Secretary, Department of Corrections; N. Burl Cain, Warden, Louisiana State Penitentiary; Shirley Coody, Assistant Warden; Sergeant Callahan and Sergeant Sean Smith
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2007 CA 0165 ADRIAN LEWIS VERSUS RICHARD STALDER SECRETARY DEPARTMENT OF CORRECTIONS N BURL CAIN WARDEN LOUISIANA STATE PENITENTIARY SHIRLEY COODY ASSISTANT WARDEN SERGEANT CALLAHAN AND SERGEANT SEAN SMITH Judgment On Appeal rendered from the Parish of East Baton November 2 2007 19th Judicial District Court Rouge State of Louisiana Suit Number 534 879 The Honorable Curtis A Calloway Judge Presiding Plaintiff Appellant Adrian Lewis Angola Division J 25 In LA Proper Person Wendell C Woods Counsel for Defendants Baton Richard Stalder et at L u 7lL 15 j 1l CCCV J Rouge LA Appellees coAJ cue d d I Coy WvU BEFORE PARRO KUHN AND DOWNING JJ DOWNING J Adrian Lewis of Public an inmate in the of the Louisiana custody Safety and Conections LPSC housed at Department the Louisiana State Penitentiary Angola sought judicial review in the 19th Judicial District Court of adverse an decision Procedure Act Proceeding LPSC failed to protect him from that guards of the one were arguing recreational an No under s The Madison attack September 29 So 2d 1245 alleged fellow inmate that He claims two of them together into the Petition for Judicial Review contends that the 2005 petition plaintiffs injury is monetary damages Preliminary Screening Report the 19th conectly recommended Ward and Stalder v a Lewis Remedy that he and his attacker Michael Ezell claim could not be raised in s by relief requested in the only JDC Commissioner petitioner an Mr that the state isn t liable for LPSC decision which states In the LSP 2004 2515 was aware Mr Lewis Administrative La hour before he escorted the yard IS erroneous the 00 2842 a that the damages portion of request for judicial review See p 9 La App 1 Cir 7 3 02 825 The Commissioner recommended that his request for 1253 monetary damages be stricken from the pleadings but allowed the purpOlied remaining portion signed to proceed 2 judgment1 a III as a The court request for judicial review with confonnance the Commissioner s recommendation On August 2294 p 3 La 4 8 96 LPSC decision repOli states conect I 4 2006 the Commissioner on 672 So 2d 665 the v purported remaining November 2 2005 was No taken fi om this signed on judgment 2 95 Phelps recommended affinnance of the claim when it determined that defendants had was Jackson The Commissioner that the record established that the final agency decision This judgment appeal 667 citing no reasonable s was cause to anticipate liable the attack for his Mr Lewis on The injuries recommendation and signed These defendants trial not upheld the Commissioner court judgment3 a therefore were appealed Mr Lewis accordingly s this judgment We affirm the 15 1177 A aggrieved by article as on is injury injury August s 4 2006 dismissed with 4 prejudice simply affirming or However in this found damages with a for request for So 2d 1262 4 NGO was a v was filed s not where petitioner s suit by capricious constitutional s only complaint is The that the LPSC procedure inmate combines an remedy with respect to Estes 04 186 La But here that petitioner prisoner arbitrary damages monetary the by states statutory rights or prisoner petitioner only signed September the judgment dismissed con ect 1264 65 it is clear that the This judgment the case liable of confinement See totality shall be damages Recommendation in violation of any of the Commissioner followed is 3 The in violation of any of his constitutional 882 or request for judicial review be that the LPSC decision en oneous not Section C of that not liable for the harm encountered were The Commissioner recommended that the was is who original civil actions the defendants or offender decisions relative to delictual Emphasis added Delictual actions for The Commissioner manifestly A ny to excluding damages or Under La R S jurisdictional grounds provided adverse decision an states separately review judicial a actions for judgment p 4 upon seeks a prisoner App reviewing damages the a claim for s condition 3 Cir 9 29 04 the record in its for his injuries 7 2006 The Commissioner s Recommendation report goes into great detail about how the altercation occurred prior waming and that the offIcers took prompt action to break up the fight If the Commissioner had recommended and the judge signed a judgment finding liability only could the prisoner have filed a delictual action in the proper venue and used this finding of liability in an without any administrative proceeding to preclude the state from contesting liability J Obviously not Louisiana Code of Civil Procedure Article 862 judgment shall grant the relief rendered is entitled pleadings relief even if the latter contain However the its motion own pursuant claim for which relief Even or prayer for general and equitable for judicial review petition damage award be reversed Accordingly his delictual action that the trial court should have dismissed in its a on no demanded such relief in his not relief requested in the only so can be to La this court reviews 99 2805 5 p La See reasonable in light of the record petition for judicial review is opinion and not Huang appeal for failure to state 1 Cir correct are Accordingly to Adrian assessed 781 judgment The for a judgment Of Trustees for 12 22 00 whole as a reasons Rd v constrained to affirm the we Costs of this 1184B5 15 judgments App Accordingly are R S entirety granted by analogy recommendations Colleges final a which the party in whose favor it is if the party has even is that the denial of his money is to provides that So 2d State 1 if the result is judgment dismissing we 6 the affirm the judgment Lewis This memorandum Courts of is issued in accordance with Uniform Rules Appeal Rule 2 16 1B AFFIRMED 5 La R S prisoner 15 1184B The court on its own motion or on the motion of provides suit if the court is satisfied that the action is frivolous is malicious seeks monetary relief from which relief can be granted lack thereot of the a Ifthe court makes petition the court exhaustion of administrative remedies venue and transfer the suit to a COUlt may The determination dismiss the comt on of proper 4 to state shall dismiss any cause of action a or underlying claim without first motion an may raise dismiss the suit its venue or to party fails to state a claim upon dismiss the suit based on the content or defendant who is immune from such reliet a fails a own requiring the exception of improper
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
