Fisher v. Drankus
Annotate this CaseThe State appealed the Circuit Court’s order granting partial relief on Michael Drankus’s motion for declaratory and injunctive relief. Drankus, an inmate in the custody of the Mississippi Department of Corrections (MDOC), sought a declaratory judgment that Mississippi Code Section 47-7-3.1 was a mandate to MDOC which required MDOC to develop a “case plan” for all parole-eligible inmates and that MDOC was in violation of that section. Drankus also sought an order that would reverse an adverse decision by MDOC’s Administrative Remedy Program (ARP); an injunction directing MDOC to promulgate policies and procedures that comply with Section 47-7-3.1; and an order directing MDOC to develop a case plan for Drankus. The circuit court ruled only on MDOC’s adverse ARP decision, found that, based on the circuit court’s interpretation of Section 47-7-3.1, Drankus was entitled to receive a case plan pursuant to Section 47-7-3.1. MDOC appealed that decision. Finding that Drankus was not entitled to a case plan, the Supreme Court reversed the circuit court’s order.
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