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RIVERA v. STATE

No. 98 CA 0507, 98 CA 0508.

727 So.2d 609 (1998)

Terry A. RIVERA, Sr. v. STATE of Louisiana, Richard Stalder, Secretary of Dept. of Public Safety & Corrections, and Warden C.M. Lensing, Warden of Elayn Hunt Correctional Center. Joseph Romero v. La. Dept. Public Safety & Corrections, Richard L. Stalder, Terry Terrell, P. Pitre, Major Evans, and Capt. Maricle.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 26, 1999.

Attorney(s) appearing for the Case

Terry A. Rivera, Sr., Port Allen, Appellee/Pro Se.

June E. Denlinger, Baton Rouge, Counsel for Appellee/Joseph Romero.

Samuel Gabb, Lake Charles, and Debra Rutledge, Baton Rouge, Counsel for Appellant/La. Dept. of Public Safety and Corrections, et al.

Before: LeBLANC, FOGG and PARRO, JJ.

LeBLANC, J.

The issue presented in these two consolidated actions is whether the State of Louisiana, Department of Public Safety and Corrections (the Department), exceeded its authority in the imposition of disciplinary penalties.

FACTS AND PROCEDURAL HISTORY

On August 29, 1996, a disciplinary report was issued against Terry A. Rivera, Sr. while he was being housed as an inmate at Phelps Correctional Center. The report alleges that Rivera violated...

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