Cited by

Opinions in Louisiana that cite Pope v. State, 792 So. 2d 713.

78 citing documents.

State of Louisiana v. Ralph Cheramie, Jr La. Ct. App. 1st Cir. 2025
Keith Bryant v. The State Of Louisiana, Through The Department Of Public Safety And Corrections; Secretary James W. … La. 2024
Anthony Gallo v. Louisiana Department of Public Safety & Corrections La. Ct. App. 1st Cir. 2024
6/29/01), the legislature amended La.
Mark A. Jones v. Charles C. Foti, Jr. in His Official Capacity as the Criminal Sheriff for the … La. Ct. App. 4th Cir. 2023
6/29/01), n. 16; Rhone v. Ward, 39,701, p. 4 (La.
Christopher George Sanders v. Louisiana Department of Public Safety and Corrections La. Ct. App. 1st Cir. 2023
6/ 29/ 01), the legislature amended La.
William Crooker v. Sgt. Michael Dillon and State of Louisiana through Louisiana Department of Public Safety and Corrections … La. Ct. App. 1st Cir. 2022
6/ 29/ 01), the legislature amended LSA- R. S. 15: 1177 to exclude tort claims from judicial review.
Jennifer Englade v. Louisiana Department of Public Safety and Corrections La. Ct. App. 1st Cir. 2021
Robert Collins v. Louisiana Department of Public Safety & Corrections La. Ct. App. 1st Cir. 2021
6/ 29/ 01); relief in the form of an award of monetary damages is not available via the petition for judicial review process.
Ronald Lynn Warren v. Louisiana Department of Public Safety and Corrections La. Ct. App. 1st Cir. 2021
6/ 29/ 01), the legislature amended La.
Wilfred Guy v. Sergeant Isreal Calvit, and State of Louisiana through Louisiana Department of Public Safety and Corrections, … La. Ct. App. 1st Cir. 2020
Pesnell v. Sessions 274 So. 3d 697 La. Ct. App. 2d Cir. 2019
Duhe v. St. John the Baptist Parish Sheriff's Dep't 245 So. 3d 1244 La. Ct. App. 1st Cir. 2018
6/29/01), , CARP was deemed unconstitutional insofar as it divested district courts of original jurisdiction over tort claims.
A.M.C. v. James D. Caldwell La. Ct. App. 3d Cir. 2018
6/29/01), “district courts have either exclusive or concurrent original jurisdiction in any civil or criminal matter, except when the Constitution itself vests jurisdiction in another tribunal.” There is constitutional authority for the legislature to divest the district courts of original jurisdiction and provide for
A.M.C. v. Caldwell 239 So. 3d 948 La. Ct. App. 1st Cir. 2018
6/29/01), , 717, "district courts have either exclusive or concurrent original jurisdiction in any civil or criminal matter, except when the Constitution itself vests jurisdiction in another tribunal."
Blake International U.S.A. Rigs, L.L.C. v. State 182 So. 3d 169 La. Ct. App. 1st Cir. 2015
See Wooley v. State Farm Fire and Casualty Insurance Company, 04-0882 (La.1/19/05), -65 ; Pope v. State, 99-2559 (La.6/29/01), .
Alonzo v. Cain 154 So. 3d 551 La. Ct. App. 1st Cir. 2014
Pope v. State, 99-2559 (La.6/29/01), .
John T. Marcantel v. Pine Prairie Correctional Center La. Ct. App. 3d Cir. 2013
6/29/01), declared CARP unconstitutional and because La.R.S.
Paulsell v. State, Department of Transportation & Development 112 So. 3d 856 La. Ct. App. 1st Cir. 2012
See Pope v. State, 99-2559, p. 12 (La.6/29/01), .
Larry Allen v. State of La, Dept. of Public Safety & Corrections La. Ct. App. 3d Cir. 2012
6/29/01), ] statutory scheme, all complaints and grievances, including traditional tort claims seeking monetary relief, are subject to administrative procedures.” Wood v. Martin, 37,856, p. 5 (La.App.
Allen v. State, Department of Public Safety & Corrections 107 So. 3d 106 La. Ct. App. 1st Cir. 2012
“Under the post-Pope [v. State, 99-2259 (La.6/29/01), ] statutory scheme, all complaints and grievances, including traditional tort claims seeking monetary relief, are subject to administrative procedures.” Wood v. Martin, 37,856, p. 5 (La.App.
Jackson v. State 92 So. 3d 391 La. Ct. App. 1st Cir. 2012
See Walker, 29 So.3d at 577 ; Cf. Pope v. State, 99-2559 (La.6/29/01), (provisions of La.
Timothy Hugh Queen v. O. S. Nugent La. Ct. App. 3d Cir. 2011
Queen v. Nugent 74 So. 3d 829 La. Ct. App. 1st Cir. 2011
See Pope v. State, 99-2559 (La.6/29/01), .
Dickens v. Louisiana Correctional Institute for Women 77 So. 3d 70 La. Ct. App. 1st Cir. 2011
DISCUSSION At the outset, we note that the majority of plaintiffs appeal brief focuses on whether the provisions of CARP are constitutional pursuant to the holding of Pope v. State, 99-2559 (La.6/29/01), , whether the Louisiana Legislature properly amended CARP so as to remove all of the constitutional problems, and whether the provisions of CARP effectively shorten the prescriptive period for tort claims by inmates from a period of one year to ninety days.
Timothy Hugh Queen v. H. Gregory Tete, Senior Warden La. Ct. App. 3d Cir. 2011
6/29/01), (the supreme court found La.R.S.
Charles Cutler v. Beth McGee La. Ct. App. 3d Cir. 2010
Tyson v. LeBlanc 24 So. 3d 1033 La. Ct. App. 1st Cir. 2009
Walker v. APPURAO 29 So. 3d 575 La. Ct. App. 1st Cir. 2009
Mr. Walker argues on appeal that pursuant to Pope v. State, 99-2559 (La.6/29/01), , original jurisdiction for prisoner suits sounding in tort lies in the district courts, rather than in the Department of Corrections’ administrative tribunal.
May Yen v. Avoyelles Parish Police Jury La. Ct. App. 3d Cir. 2009
6/29/01), held that CARP violated the state constitution, specifically Art. 5, §16, insofar as it divested district courts of their original jurisdiction over tort claims.
Yen v. Avoyelles Parish Police Jury 5 So. 3d 1002 La. Ct. App. 1st Cir. 2009
However, *1006 the Louisiana Supreme Court in Pope v. State, 99-2559 (La.6/29/01), , held that CARP violated the state constitution, specifically Art. 5, § 16, insofar as it divested district courts of their original jurisdiction over tort claims.
Ealem v. Prevost Memorial Hospital 5 So. 3d 187 La. Ct. App. 1st Cir. 2008
See Pope v. State, 99-2559 (La.6/29/01), .
Johnson v. Cain 999 So. 2d 51 La. Ct. App. 1st Cir. 2008
Pope v. State, 99-2559, p. 12 n. 16 (La.6/29/01), , 720 n. 16.
MJ Farms, Ltd. v. Exxon Mobil Corp. 998 So. 2d 16 La. 2008
Const. art. V, § 16 at some length in Pope v. State, 99-2559 (La.6/29/01), .
Daniel Mosley v. Louisiana Dept. of Pub. Saf. & Corrections La. Ct. App. 3d Cir. 2008
6/29/01), original jurisdiction for prisoner suits sounding in tort lies in the district courts, rather than in the Department of Corrections’ administrative tribunal.
Mosley v. LOUISIANA DEPT. OF PUBLIC SAFETY 980 So. 2d 836 La. Ct. App. 3d Cir. 2008
He argues that following the Louisiana Supreme Court's decision in Pope v. State of Louisiana, 99-2559 (La.6/29/01), , original jurisdiction for prisoner suits sounding in tort lies in the district courts, rather than in the Department of Corrections' administrative tribunal.
City of New Orleans v. Young 967 So. 2d 539 La. Ct. App. 4th Cir. 2007
See Pope v. State, 99-2559, p. 6 n. 9 (La.6/29/901), .
Louis Stemley v. Wayne Descant La. Ct. App. 3d Cir. 2006
4 6/29/01), the Louisiana Supreme Court held that certain provisions of CARP violated the Louisiana constitution because those provisions divested district courts of original jurisdiction over tort claims filed against the DPSC.
STEMLEY v. Descant 943 So. 2d 597 La. Ct. App. 3d Cir. 2006
6/29/01), , the Louisiana Supreme Court held that certain provisions of CARP violated the Louisiana constitution because those provisions divested district courts of original jurisdiction over tort claims filed against the DPSC.
Williams v. Cooper 945 So. 2d 48 La. Ct. App. 4th Cir. 2006
The Louisiana Supreme Court, in Pope v. State, 99-2559 (La.6/29/01), , held La.R.S.
Curry v. Cain 944 So. 2d 635 La. Ct. App. 1st Cir. 2006
Pope v. State, 1999-2559, p. 6 (La.6/29/01), .
Rhone v. Ward 926 So. 2d 774 La. Ct. App. 2d Cir. 2006
Citing Pope v. State, 99-2559 (La.6/29/01), , the First Circuit Court of Appeal reversed and remanded the case for a *776 trial de novo.
Rochon v. Administrative Remedy Procedure 934 So. 2d 67 La. Ct. App. 1st Cir. 2006
Rochon also cited Pope v. State of Louisiana, 99-2559 (La.6/29/01), , and asserted that his suit is one in tort to which the CARP does not apply.
Adams v. Stalder 934 So. 2d 722 La. Ct. App. 1st Cir. 2006
15:1172 was amended by Acts 2002, 1st Ex.Sess., No. 89, § 2, in response to the decision of the Louisiana Supreme Court in Pope v. State, 99-2559 (La.6/29/01), , finding CARP unconstitutional to the extent it vested DOC officials with original jurisdiction in writ actions.
James Coleman v. Warden Thompson La. Ct. App. 3d Cir. 2006
Coleman v. Thompson 923 So. 2d 889 La. Ct. App. 1st Cir. 2006
See Pope v. State, 99-2559 (La.6/29/01), (La.R.S.
Gray v. State 923 So. 2d 812 La. Ct. App. 3d Cir. 2006
In Pope v. State, 99-2559 (La.6/29/01), , the supreme court declared the provisions of La.R.S.
Henry Gray v. State of Louisiana La. Ct. App. 3d Cir. 2006
6/29/01), the supreme court declared the provisions of La.R.S.
Peterson v. Gildon 917 So. 2d 1284 La. Ct. App. 2d Cir. 2005
15:1171, et seq., in order to cure constitutional problems identified in Pope v. State, 99-2559 (La.6/29/01), .
Vincent v. Creed 917 So. 2d 1289 La. Ct. App. 2d Cir. 2005
DISCUSSION In Pope v. State, 99-2559 (La.6/29/01), , the supreme court held that certain provisions of the Louisiana Corrections Administrative Remedy Procedure (CARP) were unconstitutional for divesting the district courts of original jurisdiction over tort actions filed by inmates against the Department of Public Safety and Corrections and its employees.
Warren v. Easter 914 So. 2d 586 La. Ct. App. 1st Cir. 2005
The suit was converted to an ordinary tort proceeding pursuant to Pope v. State, 99-2559 (La.6/29/01), , which held CARP unconstitutional in regard to prisoner tort suits.