Rule 60.2 Proceedings in the 19th Judicial District Court:
Title VI: Rules for Litigation Filed by Inmates | Chapter 60: Litigation Filed By Inmates
Rule Text
A. Proceedings that shall be filed in the 19th Judicial District Court include:
1. Appeals of administrative decisions pursuant to the CARP, venue for which is proper only in the 19th Judicial District Court for offenders/prisoners in the custody or under the supervision of the Department of Corrections. Administrative Appeals are defined in La. R.S. 15:1171, et seq., and La. R.S. 15:1181, et seq. and include actions against the Department of Corrections for judicial review (appeal) of an administrative decision, including but not limited to Prison Administrative Remedy Requests (that do not involve tortious conduct or request damages); Disciplinary Board Appeals; Lost Property Claims (that do not involve tortious conduct); Time Calculation or Good Time Complaints (even if urged as a Writ of Habeas Corpus); Duty Status Complaints (that do not involve medical care complaints or other tortious conduct); or any other complaints involving an internal prison grievance.
2. Parole Revocation Appeals pursuant to La. R.S. 15:574.11. See also Rule 60.8 for further procedures and forms required for Parole Revocations.
3. Ordinary civil actions or prisoner suits filed by prisoners, as defined in La. R.S. 15:1181 of the PLRA, filed against the Sheriff of East Baton Rouge or any employee thereof, when based on a cause of action that arose while the plaintiff was incarcerated in East Baton Rouge Parish or in the custody of the Sheriff of East Baton Rouge or any employee thereof. Such ordinary suits that involve a jury trial shall be heard and tried by the allotted judge.
B. Referral to Commissioners in the 19th Judicial District Court:
1. Proceedings set forth in A(1) and A(2), above, that are properly filed in the 19th Judicial District Court shall be randomly allotted to a section of court, and may then be referred to a commissioner for initial screening and further action in accordance with law.
2. Proceedings set forth in A(3), above, with consent of the parties and when the suit does not involve a jury trial.
Amendment history: Adopted April 20, 2010, effective June 1, 2010; amended November 18, 2010, effective January 1, 2011; amended November 21, 2011, effective January 1, 2012.