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BLACKWELL v. LA. DEPT. OF PUB. SAFETY

Nos. 96 CA 0954, 96 CA 0955.

690 So.2d 137 (1997)

Rodney O. BLACKWELL v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Richard L. Stalder, Secretary and John P. Whitley, Warden, Louisiana State Penitentiary, Angola.

Court of Appeal of Louisiana, First Circuit.

February 14, 1997.

Attorney(s) appearing for the Case

Christopher J. Fransen, New Orleans, for Appellant Plaintiff Rodney O. Blackwell.

Rose Polito Wooden, Baton Rouge, for Appellee Defendant Louisiana Department of Public Safety and Corrections, et al.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOIL, Judge.

At issue in this appeal is whether the Corrections Administrative Remedy Procedure Act, which requires an inmate to submit a tort claim for pre-suit administrative review, offends the Louisiana constitution. We find no constitutional infirmity in the act, and we hold that the act's peremptive time period for seeking judicial review of an adverse administrative decision may be applied to an inmate's tort claim filed in state district court.

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