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CHELF v. STATE

No. 103,450.

263 P.3d 852 (2011)

James CHELF, Appellant, v. STATE of Kansas, Appellee.

Court of Appeals of Kansas.

September 23, 2011.

Attorney(s) appearing for the Case

William J. Pauzauskie , of Topeka, for appellant.

Matthew J. Donnelly , legal counsel, of Lansing Correctional Facility, for appellee.

Before STANDRIDGE, P.J., McANANY, J., and KNUDSON, S.J.

STANDRIDGE, J.

James Chelf appeals from the district court's decision to summarily dismiss his personal injury claim for lack of subject matter jurisdiction because he failed to timely exhaust his administrative remedies before filing this lawsuit. For the reasons stated below, we find the district court erred in summarily dismissing Chelf's claim for lack of subject matter jurisdiction because, although it is a mandatory...

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