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Cited by

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

78 citing documents.

  • Rhone v. Ward 902 So. 2d 1258 La. Ct. App. 2d Cir. 2005
    The appellate court followed the then recently rendered decision in Pope v. State, 99-2559 (La.6/29/01), , which held CARP unconstitutional as applied to tort actions by prisoners, and remanded the matter for the district court to adjudicate Rhone's tort claim under its original jurisdiction.
  • Dailey v. Travis 892 So. 2d 17 La. 2005
    Dailey opposed the exception based on the holding of Pope v. State, 99-2559 (La.6/29/01), .
  • Cheron v. LCS Corrections Services, Inc. 891 So. 2d 1250 La. 2005
    Based on this court's decision in Pope v. State, 99-2559 (La.6/29/01), , the appellate court concluded Cheron was not required to comply with the unconstitutional Corrections Administrative Remedy Procedure (CARP) in existence prior to enactment of Act 89 and that retroactive application of Act 89 would unconstitutionally disturb Cheron's vested right.
  • Wooley v. State Farm Fire and Cas. Ins. Co. 893 So. 2d 746 La. 2005
    See Pope v. State, 99-2559, p. 11 (La.6/29/01), -20 .
  • Donny Ngo v. Mark Estes La. Ct. App. 3d Cir. 2004
  • Ngo v. Estes 882 So. 2d 1262 La. Ct. App. 3d Cir. 2004
    After the trial court denied his motion for reconsideration, Mr. Ngo filed this appeal, arguing that he was not required to exhaust his administrative remedies, as the Louisiana Supreme Court declared those procedures unconstitutional in Pope v. State, 99-2559 (La.6/29/01), .
  • Cheron v. LCS Corrections Services, Inc. 872 So. 2d 1094 La. Ct. App. 1st Cir. 2004
    In its brief, the Department urges that the district court erred in finding that Pope v. State, 1999-2559 (La.6/29/01), , eliminated the mandatory-exhaustion requirement of Louisiana Revised Statutes 15:1184.
  • Dailey v. Travis 872 So. 2d 1104 La. Ct. App. 1st Cir. 2004
    Dailey opposed the exception, arguing that she is entitled to proceed with this trial court proceeding based on the holding of Pope v. State, 1999-2559 (La.6/29/01), .
  • Clark v. State 873 So. 2d 32 La. Ct. App. 1st Cir. 2004
    Const. art. 5, ß 16(A), citing Pope v. State, 99-2559 (La.6/29/01), .
  • Wood v. Martin 862 So. 2d 1057 La. Ct. App. 2d Cir. 2003
    *1060 In Pope v. State, 99-2259 (La.6/29/01), , the Louisiana Supreme Court held that those provisions of CARP that then allowed the Department of Public Safety and Corrections to exercise original jurisdiction in tort actions violated Article V, § 16(A) of the Louisiana Constitution which vests original jurisdiction over all civil and criminal matters with Louis
  • Yen v. Avoyelles Parish Police Jury 858 So. 2d 786 La. Ct. App. 3d Cir. 2003
    NOTES [1] CARP was declared unconstitutional by Pope v. State, 99-2559 (La.6/29/01), .
  • May Yen v. Avoyelles Parish Police Jury La. Ct. App. 3d Cir. 2003
  • Vincent v. State ex rel. Department of Public Safety & Corrections 858 So. 2d 494 La. Ct. App. 1st Cir. 2003
    Or, are inmates’ lost property claims tort claims, as contemplated by the Louisiana Supreme Court in Pope v. State, 99-2559 (La.6/29/01), , and La.
  • Peterson v. Austin 836 So. 2d 235 La. Ct. App. 2d Cir. 2002
    Although Peterson alleges that his injury is like the injury in Pope v. State, 99-2559 (La.6/29/01), , we disagree.
  • Spooner v. East Baton Rouge Parish 835 So. 2d 709 La. Ct. App. 1st Cir. 2002
    Plaintiff asserts on appeal that under the recent Louisiana Supreme Court decision in Pope v. State of Louisiana, 99-2559 (La.6/29/01), , the CARP is unconstitutional as applied to tort suits, and thus the district court erred in dismissing his suit under an unconstitutional statute.
  • Carter v. Cain 828 So. 2d 1226 La. Ct. App. 1st Cir. 2002
    Further, citing Pope v. State, 99-2559 (La.6/29/01), and Lightfoot v. Stalder, 00-1120 (La.App.
  • Peterson v. Toffton 828 So. 2d 160 La. Ct. App. 2d Cir. 2002
    Although Peterson alleges that his injury is like the injury in Pope v. State of Louisiana, 99-2559 (La.6/29/01), , we disagree.
  • Poullard v. Hanson 823 So. 2d 1130 La. Ct. App. 2d Cir. 2002
    In *1132 support of this position, Poullard cited Pope v. State, 1999-2559 (La.6/29/01), .
  • Creppel v. Dixon Correctional Institute 822 So. 2d 760 La. Ct. App. 1st Cir. 2002
    Recently, in Pope v. State, 99-2559, p. 13 (La.6/29/01), , the Louisiana Supreme Court declared the provisions of La.
  • Madison v. Ward 825 So. 2d 1245 La. Ct. App. 1st Cir. 2002
    [8] We note Pope v. State, 99-2559 (La.6/29/01), , in which the court held that CARP violates Article V, § 16(A) of the Louisiana Constitution of 1974 to the extent it permits the DPSC to exercise original jurisdiction over tort suits.
  • Florida v. Louisiana Department of Public Safety & Corrections 822 So. 2d 712 La. Ct. App. 1st Cir. 2002
    On review, in light of the Louisiana Supreme Court’s recent decision in Pope v. State, 99-2559, p. 13 (La.6/29/01), , holding the provisions of CARP in LSA-R.S.
  • Rhone v. Lewis 821 So. 2d 692 La. Ct. App. 2d Cir. 2002
    In Pope v. State, 99-2559 (La.6/29/01), , the Louisiana Supreme Court held that original jurisdiction of all tort suits was vested in the district courts.
  • Medford v. State ex rel. Charity Hospital at New Orleans 825 So. 2d 1213 La. Ct. App. 1st Cir. 2002
    The Louisiana Supreme Court, in Pope v. State, 1999-2559 (La.6/29/01), , found that the administrative remedy procedure authorized the Department officials to exercise original jurisdiction in violation of Louisiana Const. Art. V § 16(A), at least in tort actions.
  • ANR Pipeline Co. v. Louisiana Tax Com'n 815 So. 2d 178 La. Ct. App. 1st Cir. 2002
    Pope v. State, 99-2559, p. 9 (La.6/29/01), .
  • Hull v. Stalder 808 So. 2d 829 La. Ct. App. 1st Cir. 2002
    We recognize that in Pope v. State, 1999-2559 (La.6/29/2001), , our supreme court declared the provisions of Louisiana Revised Statutes 15:1171-79 to be unconstitutional to the extent that the statutes are applied to inmate's tort actions.
  • Rhone v. Ward 818 So. 2d 26 La. Ct. App. 1st Cir. 2001
    In light of the Louisiana Supreme Court’s recent decision in Pope v. State of Louisiana, 99-2559, p. 13 (La.6/29/01), , holding the provisions of CARP in La.
  • Reed v. Louisiana Department of Public Safety & Corrections 809 So. 2d 398 La. Ct. App. 1st Cir. 2001
    In light of the supreme court’s recent decision in Pope v. State of Louisiana, 99-2559 (La.6/29/01), , holding the provisions of Louisiana Revised Statutes 15:1171-79 unconstitutional as applied to tort actions, we must agree.
  • McGehee v. City/Parish of East Baton Rouge 809 So. 2d 258 La. Ct. App. 1st Cir. 2001
    [3] (See Pope v. State, 99-2559, p. 11, n. 14 (La.6/29/01), , 719 n. 14, wherein the Louisiana Supreme Court reserved for another day the discussion of what actions constitute matters of public law.)