×
You've used up your 3 free articles for this month. Subscribe today.
Louisiana's Administrative Remedy Procedure Unconstitutional
Loaded on Sept. 15, 2002
published in Prison Legal News
September, 2002, page 23
by Matthew T. Clarke
Filed under:
Workplace Injury,
Civil Procedure,
Administrative Exhaustion,
Limitations.
Location:
Louisiana.
The Supreme Court of Louisiana has declared that the Corrections Administrative Remedy Procedure (CARP), La.Rev.Stat. 15:1171-1179, when applied to tort claims, violates article V,16 of the Louisiana constitution.
Michael Wayne Pope, a Louisiana state prisoner, was severely injured on his prison job, requiring multiple surgeries and …
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Boot Camp or Boot Hill? Troubled Teens Suffer From Too Much Tough Love, by Roger Hummel
- Audit Shows Folsom Prison Mismanaged, by Gary Hunter
- From the Editor, by Paul Wright
- From the Editor, by Willie Wisely
- Sixth Circuit Rules PLRA 150% Fee Cap Constitutional
- California Prisoners Remanded to Jail for Resentencing Do Not Accrue Jail Behavior Credits
- California Prisoner Gets New Heart, by Gary Hunter
- BOP Prisoner Awarded $900 in Van Accident
- 7-up To Pull TV Ad Under Pressure from Human Rights Groups
- Lessons From the Law, by Mumia Abu-Jamal
- The High Cost of Prosecuting Capital Crimes
- Girls Sue Alabama Juvenile Prison for Abuse
- CYA Suit Alleges Abuse of Juveniles, by Anne Mania
- U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence, by David Zuckerman
- PLRA Allows California Religious Preliminary Injunction, by David Reutter
- Georgia Prison Guards Caught in Bondage Videos
- Connecticut Retroactive Application of 85% Rule Violates Ex-Post Facto
- Then They Came for the Lawyers: The Persecution of Lynne Stewart
- Supreme Court: "Reasonable Attempt" Suffices Absent Actual Notice of Forfeiture, by John E Dannenberg
- 9-11 Prompts New Regulations for Prisoner Airline Transports
- Washington Prisoners Sue DOC for Extortion, Mail Fraud, Criminal Profiteering and Racketeering
- Louisiana's Administrative Remedy Procedure Unconstitutional
- Hemorrhoids: A Serious Medical Condition
- Massachusetts Supreme Court Upholds Ban on Prisoner PAC
- Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees
- Ohio District Court Grants TRO on Grooming Regulations
- Disputed Material Facts in Failure to Protect Suit Preclude Interlocutory Appellate Review
- Microsoft Demands $1.5 Million from Texas Prison System for Software Violations
- No Qualified Immunity for Guards Who Failed to Provide CPR
- $287,500 Awarded in Texas Jail Rape
- Florida Guard's Threat of Death Requires Summary Judgment Denial
- Dental Care Denial Defeats Summary Judgment
- Washington Sex Offender Therapist Fired for Sex Related Misconduct
- News in Brief
- Death Row Prisoners Volunteer to Die
- Review: The Criminal Law Handbook, 3rd Edition
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026. Administrative Exhaustion, Fourteenth Amendment, rights, Revocation/Modification of Probation, etc., Revocation Proceedings, Authority and Jurisdiction.
- Montana Supreme Court: Due Process Prohibits Courts From Relying on Unproven Charging Allegations When Imposing Sex Offender Registration Duty, Announces First-Impression Rule Limiting Review to Elements of Conviction, March 1, 2026. Sex Offender Registration, Administrative Exhaustion, Fourteenth Amendment, rights, Qualifying Offenses, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Contemporary Slavery: The Not-So-Secret Practice of Forced Labor Inside U.S. Prisons, June 1, 2024. Prison Industries, Prison Labor, Workplace Injury, Work Conditions/Safety, Chain Gangs, Workers' Compensation.

