Joshua Dean v. Louisiana Department of Public Safety and Corrections

STATE OF LOUISIANA

COURT OF APPEAL

FIRST CIRCUIT

2024 CA 0563

JOSHUA DEAN

VERSUS

LOUISIANA DEPARTMENT OF
PUBLIC SAFETY AND CORRECTIONS
DEC 3 0 2024
JUDGMENT RENDERED:

On Judicial Review from the Nineteenth Judicial District Court
Parish of East Baton Rouge • State of Louisiana
Docket Number 0728524 • Section 25

The Honorable Wilson E. Fields, Presiding Judge

Joshua Dean APPELLANT
D. O. C. # 557040 PLAINTIFF— In Proper Person

Louisiana State Penitentiary
Angola, Louisiana

Jonathan R. Vining COUNSEL FOR APPELLEE
Baton Rouge, Louisiana DEFENDANT— Louisiana

Department of Public Safety and
Corrections

BEFORE: MCCLENDON, WELCH, AND LANIER, JJ.

WELCH, J.

Joshua Dean, an inmate in the custody of the Louisiana Department of Public

Safety and Corrections (" the Department") and confined to the Louisiana State

Penitentiary at Angola (" LSP"), appeals a judgment of the district court denying his

petition for judicial review of his lost property claim. For the reasons that follow, we

affirm.

FWXGVXFII'! 1

According to the allegations of Mr. Dean' s petition for judicial review, on

October 25, 2021, he initiated administrative remedy procedure (" ARP") claim LSP -

2021 -2718 wherein he raised claims under the Prison Rape Elimination Act

PREA"), alleging a two-year unprofessional relationship that he purportedly

engaged in with a correctional facility employee. He was subsequently placed in

administrative segregation on protective custody and moved from Camp D to the

main prison, pending the outcome of the investigation into his PREA claims. At the

time of his transfer, Mr. Dean securely locked all of his personal property in two

boxes. LSP Investigative Services interviewed Mr. Dean on October 27, 2021

regarding his ARP claim LSP -2021- 2718. That same day, he also appeared before

the LSP Disciplinary Board for Protection Court. On November 10, 2021, Mr. Dean

again appeared before LSP Investigative Services and was administered a polygraph

test. He claimed that Investigator Cassandra Temple advised him that the two boxes

containing his personal property had been removed from Camp D storage to be
searched in connection with the investigation of his ARP claim LSP -2021- 2718. Mr.

Dean alleged that after his appearance before LSP Investigative Services,

Investigator Temple " retaliated against him" by confiscating two Ray tablets'

Ray tablets " offer opportunities for incarcerated individuals to connect ... and engage in
I

education courses and betterment resources" including the ability to "[ p] lace phone calls and send
emails with more privacy without sharing a device." See " Ray Tablets," Incarcerated Individual
Services, Hay, https:// www.jpay.com/PMusic.aspx ( last accessed December 20, 2024).

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belonging to him (JPay 5 and JPay 6) on November 10, 2021. Mr. Dean alleged that

in the course of the [ two -]year unprofessional relationship [ with the] correctional

staff [member,]" he communicated with the staff member " via telephone and [ JPay]

kiosk." He averred that the JPay tablet kiosk contained "[ e -]messages" between him

and the correctional staff member who " used an alias" to " stay in constant contact

with Mr. Dean." Mr. Dean claimed that the confiscation of the two JPay tablets

was] a means to conceal, destroy, or [ spoil] ... evidence in order to deny

administrative relief for [ the alleged] correctional staff' s unprofessional

misconduct." He also claimed he was not given proper notice of the seizure, nor the

right to be heard in opposition to the seizure. Mr. Dean was later transferred from

the main prison to an Awaiting Trial Unit (" ATU") on December 29, 2021. On

December 31, 2021, Mr. Dean signed a " Clothing and Personal Property Inventory

Form" indicating that he had received all his personal property; however, upon

closer inspection, he was " extremely stunned" to discover that his two JPay tablets

were missing from his personal property. Mr. Dean alleged that at the conclusion of

the investigation of ARP claim LSP -2021- 2718, purportedly no evidence was found

to substantiate his PREA claims, and his ARP claim LSP -2021- 2718 was allegedly

dismissed.

Thereafter, Mr. Dean sought return of the two JPay tablets confiscated during

the course of the investigation of his ARP claim LSP -2021- 2718. On January 10,

2022, he filed a lost property claim number LSP -2022- 0076, seeking return of the

JPay tablets that he alleged he personally purchased, for more than $ 800, with funds

from his inmate account. His lost property claim was initially denied by the LSP

warden on November 16, 2022, who stated: " Per Investigative Services, your tablet

was confiscated." Thereafter, the claim was denied by the Department on December

27, 2022, who cited Department Regulation # OP -C- 13 which provides, " Under no

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circumstances will an offender be compensated for an unsubstantiated loss, or for a

loss which results from the offender' s own acts[.]" The Department further stated:

A review of institutional records revealed that your
signature is affixed to the " Clothing and Personal Property
Inventory Form" as receiving all of your property on
12/ 3 1/ 2021. There are no notations found on the form to
indicate that any of your property was missing upon
receipt. You have failed to prove that a loss actually

occurred or that staff was responsible for the alleged loss.

On February 6, 2023, Mr. Dean filed the instant proceeding seeking judicial

review of the Department' s decision regarding his lost property claim. Pertinently,

Mr. Dean sought the return of his Ray tablets or reimbursement for the full cost or

replacement value of the Ray tablets, as well as costs and indigent litigant filing and

copying fees.

On June 22, 2023, the Department filed an answer in the judicial review

proceeding, maintaining that Mr. Dean had exhausted his administrative remedies

with regard to his lost property claim and that the Department had properly rejected

the claim for the same reasons previously given by the warden on November 16,

2022, and by the Department on December 27, 2022, in their responses denying his

lost property claim. The Department also filed the administrative record along with

its answer. Included in the administrative record were emails between Department

and LSP officials that provided insight into the confiscation of Mr. Dean' s tablets.

Investigator Sarah Tanner stated that Mr. Dean' s tablets were " confiscated as part of

a non- professional relationship case[,] in which the [ correctional facility] employee

bought it for [Mr. Dean]." Department officials also attempted to determine whether

one or two tablets had been confiscated by LSP Investigative Services, as alleged by

Mr. Dean. According to LSP Lieutenant Jaci Vannoy, "[ t]he offender is only allowed

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to have one tablet in his possession at a time. So if that one was confiscated[,] there

shouldn' t have been another one."'

On August 23, 2023, following the initial screening of Mr. Dean' s petition

and the Department' s answer, the district court commissioner assigned to this case

issued an order remanding the matter to the Department. The Commissioner stated

that the Department' s answer was " inclusive" because " the Department' s

regulation( s) and/or policies of [LSP] ... governing the inventory and confiscation

of offender property" was not a part of the administrative record and was needed by

the Commissioner to rule on Mr. Dean' s petition for judicial review. Therefore, the

Commissioner ordered that the matter be stayed for thirty days and remanded to the

Department to supplement the record with the Department' s regulation( s) and/ or

policies governing the inventory and confiscation of offender property, and that upon

exhaustion of that process, either party could notify the court in writing that it was

ripe for further review.

Thereafter, the Department filed a notice of compliance and supplemented the

record with a copy of applicable Department Regulations in effect on the date of the

alleged loss: Department Regulation No. C- 03- 007, " Offender Personal Property

Lists, State Issued Items, Procedures for the Reception, Transfer[,] and Disposal of

Offender Personal Belongings"; LSP Directive No. 09. 042, " Offender Personal

Property"; Department Offender Posted Policy # 028, " Personal Property -Offender

Population"; Department Offender Posted Policy #029, " Radio, Cassette Player, CD

Players[,] and Electronic Media Players"; and Department Regulation No. OP -A- 11,

Security and Control, Seized Property Disposal," which governs the Department' s

authority to seize offender property in relation to any criminal investigation.

2 In his traversal of the Commissioner' s report, Mr. Dean explained his possession of two Ray
tablets. He alleged that at the time he received his Pay 6 tablet, the LSP had temporarily suspended
the requirement that offenders must turn in their previous tablet in order to be issued a new tablet.
Thus, he alleged he was allowed to keep his May 5 tablet at the time he received his Ray 6 tablet.

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The Commissioner reviewed the regulations and policies and thereafter issued

a report to the district court on February 15, 2024, finding that the Department' s

actions were not arbitrary, capricious, manifestly erroneous, or in violation of Mr.

Dean' s substantial rights when it denied his request for relief. The Commissioner

recommended that Mr. Dean' s petition for judicial review be dismissed with

prejudice for his failure to state a cause of action for which relief could be granted,

thereby affirming the Department' s decision.

Mr. Dean filed objections and a traversal of the Commissioner' s report,

arguing that since the investigation of his PREA claims in ARP claim LSP -2021-

2718 were concluded, LSP Investigative Services should return the JPay tablets to

his possession because he was allegedly not charged or convicted of any disciplinary

infraction.

After considering the matter de novo, the district court signed a judgment on

March 7, 2024, adopting the Commissioner' s report and recommendation and

dismissing Mr. Dean' s petition for judicial review of lost property claim number

LSP -2022- 0076 with prejudice. From that judgment, Mr. Dean now appeals.3

LAW AND DISCUSSION

Lost property claims by inmates are matters of prison administration or

conditions of confinement that are governed by La. R.S. 15: 1177 of the Corrections

Administrative Remedy Procedure (" CARP"). Lewis v, Louisiana Dep' t of Public

Safety and Corrections, 2019- 1693 ( La. App. 1 Cir. 8/ 5/ 20), 312 So. 3d 592, 594,

writ denied, 2021- 00158 ( La. 3/ 9/ 21), 312 So. 3d 583. Accordingly, a reviewing

court may reverse or modify an administrative decision only if substantial rights of

the appellant have been prejudiced because the administrative findings, inferences,

conclusions, or decisions are: ( a) in violation of constitutional or statutory

3 Mr. Dean filed a motion for devolutive appeal on April 2, 2024. The trial court signed an order
of appeal on April 8, 2024, notice of which was transmitted by the Clerk of Court to the parties on
April 18, 2024.

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provisions; ( b) in excess of the statutory authority of the agency; ( c) made upon

unlawful procedure; ( d) affected by other error of law; ( e) arbitrary or capricious or

characterized by an abuse of discretion; or ( f) manifestly erroneous in view of the

reliable, probative, and substantial evidence of the whole record. La. R.S.

15: 1177( A)( 9); Lewis, 312 So. 3d at 594- 95. On appellate review of a district court' s

judgment in a suit for judicial review under CARP, no deference is owed by the court

of appeal to the factual findings or legal conclusions of the district court, just as no

deference is owed by the Louisiana Supreme Court to factual findings or legal

conclusions of the court of appeal. Simmons v. Louisiana Dep' t of Public Safety

and Corrections, 2020- 0301, 2020- 0302 ( La. App. 1 Cir. 12/ 30/ 20), 316 So. 3d

1141, 1143- 44. Thus, our judicial review ofthe Department' s decision regarding Mr.

Dean' s lost property claim is de novo. See Simmons, 316 So. 3d at 1144.

A threshold issue in any appeal governed by CARP is whether a substantial

right is implicated. See La. R.S. 15: 1177( A)(9); Wallace v. Louisiana Dep' t of

Public Safety and Corrections, 2017- 0287 ( La. App. 1 Cir. 9/ 28/ 17), 232 So. 3d

663, 665, writ denied, 2018- 0047 ( La. 1/ 8/ 19), 260 So.3d 588, cert. denied, U.S.

139 S. Ct. 2661, 204 L.Ed. 2d 290 ( 2019). A substantial right is one in which the

inmate has a liberty interest protected by the Due Process Clause. See Dorsey v.

Louisiana Dep' t of Public Safety and Corrections, 2017- 1651 ( La. App. 1 Cir.

11/ 2/ 18), 265 So.3d 925, 927. Similar to the property interest that prisoners have in

funds in their inmate banking accounts, prisoners likewise have a property interest

in tangible personal property in their possession. See, e.g., Anderson v. Louisiana

Dep' t of Public Safety and Corrections, 2017- 0987 ( La. App. 1 Cir. 2/ 7/ 18), 242

So.3d 614, 618. Mr. Dean' s claims regarding his Ray tablets implicate a substantial

right; therefore, we proceed to consideration of his claim that the Department' s

actions are in violation of constitutional provisions.

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Lost property claims are handled through the administrative remedy

procedure set forth in LAC 22: I.325( L)( 1), rather than the general administrative

remedy procedure. Simmons, 316 So. 3d at 1144. Louisiana Administrative Code
22: I.325( L)( 1), which is entitled " Lost Property Claims," provides as follows:

a. When an offender suffers a loss of personal property, he
may submit a lost personal property claim (form OP -C -13-
a) to the warden or designee. The claim shall include the
date the loss occurred, a full statement of the

circumstances which resulted in the loss of property, a list
of the items which are missing, the value of each lost item
and any proof of ownership or value of the property
available to the offender. All claims for lost personal
property must be submitted to the warden or designee
within 10 days of discovery of the loss.
i. Under no circumstances will an offender be
compensated for an unsubstantiated loss, or for a
loss which results from the offender' s own acts or
for any loss resulting from bartering, trading, selling
to or gambling with other offenders.

b. The warden or designee shall assign an employee to
investigate the claim. The investigative officer shall

investigate the claim fully and will submit his report and
recommendations to the warden or designee.

c. If a loss of an offender' s personal property occurs
through the negligence of the institution and/ or its
employees, the offender' s claim may be processed in
accordance with the following procedures.

i. Monetary:

a). the warden or designee shall recommend
a reasonable value for the lost personal
property as described on the lost personal
property claim ( form OP -C -13- a). The state
assumes no liability for any lost personal
clothing;

b). a lost personal property claim response
form OP -C -13- b) and agreement ( form OP -
C -13- c) shall be completed and submitted to
the offender for his signature; and

c). the claim shall be submitted to the chief
of operations/ office of adult services for
review and final approval.

ii. Non -monetary:

a). the offender is entitled only to state issue
where state issued items are available;

b). the warden or designee shall review the
claim and determine whether or not the
institution is responsible;

c). a lost personal property claim response
form OP -C -13- b) shall be completed and
submitted to the offender for his signature;

d). an agreement ( form OP -C -13- c) shall be
completed and submitted to the offender for
his signature when state issue replacement
has been offered.

d. If the warden or designee determines that the institution
and/ or its employees are not responsible for the offender' s
loss of property, the claim shall be denied, and a lost
personal property claim response ( form OP -C -13- b) shall
be submitted to the offender indicating the reason. If the
offender is not satisfied with the resolution at the unit
level, he may indicate by checking the appropriate box on
the lost personal property claim response ( form OP -C -13-
b) and submitting it to the ARP screening officer within
five days of receipt. The screening officer shall provide the
offender with an acknowledgment of receipt and date
forwarded to the chief of operations/ office of adult
services. A copy of the offender' s original lost personal
property claim ( form OP -C -13- a) and lost personal
property claim response ( form OP -C -13- b) and other

relevant documentation shall be attached.

Furthermore, pursuant to La. R.S. 15: 821, et seq., the Department is authorized to

administer, manage, and operate " all state institutions for the care, custody[,] and

correction of persons sentenced for felonies or misdemeanors."

Department Regulation No. C- 03- 007, " Offender Personal Property Lists,

State Issued Items, Procedures for the Reception, Transfer[,] and Disposal of

Offender Personal Belongings[,]" permits a male inmate in permanent population to

have only one electronic media player. Similarly, Department Offender Posted

Policy # 029, " Radio, Cassette Player, CD Players[,] and Electronic Media Players"

provides that "[ a] n offender may possess one ... electronic media player ... as is

sold in the Unit Canteen or by JPay."

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However, Department regulations contemplate the seizure of inmate property

in connection with investigations. Pertinent herein, Department Regulation No. OP -

A -11, " Security and Control, Seized Property Disposal[,]" provides the " guidelines

governing the disposal of contraband ... and/ or non -contraband unclaimed property"

seized in connection with a civil or criminal investigation. Department Regulation

No. OP -A- 11 defines " contraband property" as "[ t]hose items which have been

defined as contraband under La. R.S. 14: 402[.]" Applicable to the instant appeal, La.

4
R. S. 14: 402( D)(9) defines contraband as "[ a] ny telecommunications equipment[ .],,

Section 7( B) of Department Regulation No. OP -A- 11 sets forth that " [ c] ontraband

which is being held as evidence in any criminal or civil proceedings shall not be

disposed of until formally released as evidence." Section 7( B)( 1) further provides

that "[ a] ny contraband which is seized that is not being held as evidence in any

criminal or civil proceeding may be destroyed, donated to a charitable

organization[,] or put to lawful use within the institution."

While Mr. Dean was clearly allowed to possess a JPay tablet, once those

tablets were seized by LSP Investigative Services as part of their investigation into

his PREA claims raised in ARP claim LSP -2021- 2718, the JPay tablets fell under

the definition of "contraband" found in La. R.S. 14: 402( D)( 9). As contraband, the

Department could seize Mr. Dean' s JPay tablets in connection with the investigation

of his ARP claim LSP -2021- 2718 pursuant to Department Regulation No. OP -A- 11

Section 7( B). Further, Mr. Dean' s seized JPay tablets— once they were no longer

being held as evidence in ARP claim LSP- 2021- 2718— could be destroyed, donated

to a charitable organization, or put to lawful use within LSP as set forth in

Department Regulation No. OP -A- 11 Section 7( B)( 1).

4 Subsequent to the events giving rise to Mr. Dean' s petition for judicial review, the Legislature
amended La. R.S. 14: 402 to add subsection ( D)( 13), to also include "[ a] ny electronic device" in
its list of "contraband."

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As reasoned by the Commissioner, we agree that the district court and this

court has no authority to interfere with the Department' s promulgated administrative

process. Louisiana courts are to give great deference to prison administrators in the

promulgation and enforcement of rules and regulations. Only in extreme cases will

courts interfere with the administration of prison regulations. See Dorsey, 265 So.3d

at 927. If LSP investigated Mr. Dean' s PREA claims and made a determination that

his Pay tablets should be confiscated per Department Regulation No. OP -A- 11 as

part of that investigation, then this court has no authority to reverse the Department' s

decision to deny relief without evidence of arbitrary, capricious, or manifestly

erroneous reasoning on behalf of the Department. Based on our de novo review of

Mr. Dean' s lost property claim, we agree with the Commissioner and the district

court that the decision of the Department was not manifestly erroneous nor arbitrary,

capricious, or an abuse of its discretion and that Mr. Dean' s substantial rights were

not prejudiced by the Department' s decision. Thus, Mr. Dean was not entitled to

judgment granting his petition for judicial review.

The district court' s March 7, 2024 judgment that dismissed Mr. Dean' s

petition for judicial review with prejudice is affirmed. Given Mr. Dean' s pauper

status, we decline to assess appeal costs.

AFFIRMED.

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