CARTER v. LYNN

No. 93 CA 1583.

637 So.2d 690 (1994)

L.C. CARTER v. Bruce LYNN, Secretary of the Department of Public Safety and Corrections; Governor Edwin Edwards; and Warden Marty L. Lensing.

Court of Appeal of Louisiana, First Circuit.

May 20, 1994.


Attorney(s) appearing for the Case

Otha Curtis Nelson, Sr., Baton Rouge, for plaintiff-appellant L. C. Carter.

Michael A. Patterson, Baton Rouge, for defendants-appellees Bruce Lynn, Secretary of Public Safety & Corrections; Governor Edwin Edwards; and Warren Marty Lensing.

Before WATKINS, SHORTESS and FOGG, JJ.


FOGG, Judge.

In this prisoner's suit, the issue raised on appeal is whether the time period set forth in La.R.S. 15:1177 for judicial review of an adverse decision by the Department of Public Safety and Corrections is peremptive or prescriptive.

The plaintiff, L.C. Carter, filed an action in district court on January 28, 1992, seeking damages for an injury he allegedly sustained when he slipped and fell while an inmate. The plaintiff had sought relief through...

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