Petition for Judicial Review is governed by several statutes and even though the statute allows an inmate to file in a parish
which he is housed most Parish Judges don't know much about Judicial Review. Exclusive venue for some cases falls into the
19TH Judicial District and my personal opinion is to file there because they are so experienced with DOC and the errors they
make. The 19TH Judicial District has a few Commissioners or Judges Ad Hoc, who ONLY hear Judicial Review cases dealing with
Once a Petition is filed an inmate will either have a hearing date (doesn't happen often), or will argue with a brief
only. I will also have a copy of a brief. Below is a sample Petition for Judicial Review I filed into the 19TH Judicial
District Court. There is a form that has to be used and I am including a copy of the blank form.
There are filing fees associated with EVERYTHING filed into ANY court and as an inmate, who is poor, you may be allowed
to pay this fee over an extended period of time set by the court. You can only accomplish this through the filing of a Motion
to Proceed in Forma Pauperis. A sample of both forms is also available in this site.
One is for inmates presently incarcerated and one is for released inmates.
These laws govern the filing of a Judicial Review. Actually there are many laws that govern prisoner filings like the
PRISON LITIGATION REFORM ACT. I will list the statutes and how they apply to inmates.
LOUISIANA REVISED STATUTES
TITLE 49. STATE ADMINISTRATION
CHAPTER 13. ADMINISTRATIVE PROCEDURE
§ 964. Judicial review of adjudication
A. (1) Except as provided in > R.S. 15:1171 through 1177, a person who is aggrieved by a final decision or order
in an adjudication proceeding is entitled to judicial review under this Chapter whether or not he has applied to the agency
for rehearing, without limiting, however, utilization of or the scope of judicial review available under other means of review,
redress, relief, or trial de novo provided by law. A preliminary, procedural, or intermediate agency action or ruling is
immediately reviewable if review of the final agency decision would not provide an adequate remedy and would inflict irreparable
(2) No agency or official thereof, or other person acting on behalf of an agency or official thereof shall be entitled
to judicial review under this Chapter.
B. Proceedings for review may be instituted by filing a petition in the district court of the parish in which the agency
is located within thirty days after mailing of notice of the final decision by the agency or, if a rehearing is requested,
within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all parties of
C. The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the
reviewing court may order, a stay ex parte upon appropriate terms, except as otherwise provided by Title 37 of the Louisiana
Revised Statutes of 1950, relative to professions and occupations. The court may require that the stay be granted in accordance
with the local rules of the reviewing court pertaining to injunctive relief and the issuance of temporary restraining orders.
D. Within thirty days after the service of the petition, or within further time allowed by the court, the agency shall
transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By
stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate
to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections
or additions to the record.
E. If, before the date set for hearing, application is made to the court for leave to present additional evidence, and
it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for
failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before
the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional
evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.
F. The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged
irregularities in procedure before the agency, not shown in the record, proof thereon may be taken in the court. The court,
upon request, shall hear oral argument and receive written briefs.
G. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse
or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences,
conclusions, or decisions are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the agency;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(6) Not supported and sustainable by a preponderance of evidence as determined by the reviewing court. In the application
of this rule, the court shall make its own determination and conclusions of fact by a preponderance of evidence based upon
its own evaluation of the record reviewed in its entirety upon judicial review. In the application of the rule, where the
agency has the opportunity to judge the credibility of witnesses by first-hand observation of demeanor on the witness stand
and the reviewing court does not, due regard shall be given to the agency's determination of credibility issues.
CORRECTIONS ADMINISTRATIVE REMEDY PROCEDURE
This is the ARP process I spoke of earlier and the laws governing the use of this grievance process.
LOUISIANA REVISED STATUTES
TITLE 15. CRIMINAL PROCEDURE
CHAPTER 7. PRISONS AND CORRECTIONAL INSTITUTIONS
PART XV. CORRECTIONS ADMINISTRATIVE REMEDY PROCEDURE
§ 1171. Authority
A. The Department of Public Safety and Corrections and each sheriff may adopt an administrative remedy procedure at
each of their adult and juvenile institutions, including private prison facilities.
B. The department or sheriff may also adopt, in accordance with the Administrative Procedure Act, > [FN1] administrative
remedy procedures for receiving, hearing, and disposing of any and all complaints and grievances by adult or juvenile offenders
against the state, the governor, the department or any officials or employees thereof, the contractor operating a private
prison facility or any of its employees, shareholders, directors, officers, or agents, or a sheriff, his deputies, or employees,
which arise while an offender is within the custody or under the supervision of the department, a contractor operating a private
prison facility, or a sheriff. Such complaints and grievances include but are not limited to any and all claims seeking monetary,
injunctive, declaratory, or any other form of relief authorized by law and by way of illustration includes actions pertaining
to conditions of confinement, personal injuries, medical malpractice, time computations, even though urged as a writ of habeas
corpus, or challenges to rules, regulations, policies, or statutes. Such administrative procedures, when promulgated, shall
provide the exclusive remedy available to the offender for complaints or grievances governed thereby insofar as federal law
allows. All such procedures, including the adult and juvenile offender disciplinary process, promulgated and effective prior
to June 30, 1989, shall be deemed to be the exclusive remedy for complaints and grievances to which they apply insofar as
federal law allows.
C. The department or sheriff may also adopt procedures for adult or juvenile offenders to discover and produce evidence
in order to substantiate their claims and promulgate rules and regulations governing the recommendation, review, and approval
of an award for monetary relief.
D. For the purposes of this Part, status as an "offender" is determined as of the time the basis for a complaint
or grievance arises. Subsequent events, including posttrial judicial action or release from custody, shall not affect status
as an "offender" for the purposes of this Part.
§ 1172. Administrative remedies; applicability; initiation
A. Upon adoption of the administrative remedy procedure, in accordance with the Administrative Procedure Act, and the
implementation of the procedure within the department or by the sheriff, this procedure shall constitute the administrative
remedies available to offenders for the purpose of preserving any cause of action they may claim to have against the state
of Louisiana, the Department of Public Safety and Corrections, or its employees, the contractor operating a private prison
facility or any of its employees, shareholders, directors, or officers, or a sheriff, or his employees or deputies. Any administrative
remedy procedure in effect on January 1, 2001, including the procedure published in LAC 22:I.325, is deemed to be in compliance
with the provisions of this Section.
B. (1) An offender shall initiate his administrative remedies for a delictual action for injury or damages within ninety
days from the day the injury or damage is sustained.
(2) The department is authorized to establish deadlines for an offender to initiate administrative remedies for any nondelictual
(3) The department is authorized to establish deadlines for the procedures and processes contained in the administrative
remedy procedure provided in LAC 22:I.325.
C. If an offender fails to timely initiate or pursue his administrative remedies within the deadlines established
in Subsection B of this Section, his claim is abandoned, and any subsequent suit asserting such a claim shall be dismissed
with prejudice. If at the time the petition is filed the administrative remedy process is ongoing but has not yet been completed,
the suit shall be dismissed without prejudice.
D. Any contractor operating a private prison facility shall adhere to all provisions of this Part and the administrative
remedy procedures adopted by the department in accordance with this Part.
E. Liberative prescription for any delictual action for injury or damages arising out of the claims asserted by a prisoner
in any complaint or grievance in the administrative remedy procedure shall be suspended upon the filing of such complaint
or grievance and shall continue to be suspended until the final agency decision is delivered.
§ 1173. Publication of procedure
The administrative remedy procedure shall be published in the State Register.
§ 1174. Definitions
For purposes of this Part:
(1) "Contractor" means any entity entering into a contractual agreement to provide any correctional services
pursuant to the provisions of the Louisiana Corrections Private Management Act, > R.S. 39:1800.1 et seq.
(2) "Offender" means an adult or juvenile offender who is in the physical or legal custody of the Department
of Public Safety and Corrections, a contractor operating a private prison facility, or a sheriff when the basis for the complaint
or grievance arises. Any subsequent event, including posttrial judicial action or release from custody, shall not affect
status as an "offender" for the purposes of this Part.
(3) "Private prison facility" means any institution operated pursuant to the provisions of the Louisiana
Corrections Private Management Act, > R.S. 39:1800.1 et seq.
§ 1175. Repealed by Acts 1993, No. 871, § 3
§ 1176. Records, confidentiality
Before any cause of action may be heard in any state or federal court, administrative remedies must be exhausted under
the procedure authorized by this Part. Therefore, in addition to any other provisions of law providing for the confidentiality
of records of the Department of Public Safety and Corrections, including any records maintained by a contractor of a private
prison facility, or a sheriff, all reports, investigations, and like supporting documents prepared by the department, a contractor,
or a sheriff for purposes of responding to the offender's request for an administrative remedy shall be deemed to be prepared
in anticipation of litigation and are confidential and not subject to discovery by the offender in any civil action which
may follow his request for an administrative remedy. All formal written responses to the offender's request shall be furnished
to the offender as a matter of course, as required by the procedure.
§ 1177. Judicial review of administrative acts; exception
A. Any offender who is aggrieved by an adverse decision, excluding decisions relative to delictual actions for injury
or damages, by the Department of Public Safety and Corrections or a contractor operating a private prison facility rendered
pursuant to any administrative remedy procedures under this Part may, within thirty days after receipt of the decision, seek
judicial review of the decision only in the Nineteenth Judicial District Court or, if the offender is in the physical custody
of the sheriff, in the district court having jurisdiction in the parish in which the sheriff is located, in the manner hereinafter
(1)(a) Proceedings for review may be instituted by filing a petition for review in the district court within thirty days
after receipt of the notice of the final decision by the agency or, if a rehearing by the agency is had or ordered by the
court, within thirty days after the decision thereon. Copies of the petition shall be served upon the agency and all defendants,
as provided by law.
(b) In a judicial review of a disciplinary action taken against an offender by the Department of Public Safety and Corrections
or a contractor operating a private prison facility, the only proper party defendant is the department.
(2) The filing of the petition does not itself stay enforcement of the agency decision. The agency may grant, or the
reviewing court may order, a stay ex parte upon appropriate terms.
(3) Within thirty days after service of the petition, or within further time allowed by the court, the agency shall transmit
to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation
of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit
the record may be taxed by the court for the additional costs related thereto. The court may require or permit subsequent
corrections or additions to the record.
(4) The court may order that additional evidence be taken before the agency upon conditions determined by the court.
However, discovery provisions of the Code of Civil Procedure pertaining to ordinary suits are inappropriate and not applicable
in a suit for judicial review under this Part.
(5) The review shall be conducted by the court without a jury and shall be confined to the record. The review shall
be limited to the issues presented in the petition for review and the administrative remedy request filed at the agency level.
In cases of alleged irregularities in procedure before the agency, proof thereon may be taken in the court.
(6)(a) A party or agency who desires oral argument shall make a timely request for oral argument, as hereinafter provided.
The request shall include a brief statement of why oral argument should be had. The court, in its discretion, may hear oral
(b) A request for oral argument must be made by the plaintiff with the petition for review or by the agency or defendant
with the transmission of the administrative record or answer to the reviewing court, unless an extension of time is granted
by the court.
c) A request for oral argument on an exception or motion must be filed by the movant with the filing of the exception
or motion, and by the non-movant with the filing of any timely opposition to the exception or motion.
(7) In the event that no oral argument is ordered, the court shall allow the parties, including the agency, a reasonable
time for filing a brief or memorandum concerning the issues before the court.
(8) The court may affirm the decision of the agency or remand the case for further proceedings, or order that additional
evidence be taken.
(9) The court may reverse or modify the 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 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 abuse of discretion or clearly unwarranted exercise of discretion.
(f) Manifestly erroneous in view of the reliable, probative and substantial evidence on the whole record. In the application
of the rule, where the agency has the opportunity to judge the credibility of witnesses by firsthand observation of demeanor
on the witness stand and the reviewing court does not, due regard shall be given to the agency's determination of credibility
(10) An aggrieved party may appeal a final judgment of the district court to the appropriate court of appeal.
B. (1) If an offender who files a complaint or grievance which is the subject of an application for judicial review is
not in the physical custody of the Department of Public Safety and Corrections, or of a contractor operating a private prison
facility, or of a sheriff when the decision is rendered with respect to the application for judicial review, the person against
whom the complaint or grievance was filed may deliver that decision to the person who filed the complaint or grievance by
mailing the decision by first class United States mail to the person who filed the complaint or grievance, at the most recent
address provided by that person.
(2) If the decision is mailed to that person and cannot be delivered by the United States Postal Service, the envelope
in which the decision was mailed, together with the notations made on that envelope by the United States Postal Service concerning
the inability to deliver that envelope, may be introduced into evidence for the purpose of showing compliance with the provisions
of this Subsection.
(3) If the judge finds that the person against whom the complaint or grievance was filed has used due diligence in mailing
the decision, the court may determine that that person has complied with the provisions of this Subsection and has complied
with the requirements of due process concerning notice of that decision.
C. This Section shall not apply to delictual actions for injury or damages, however styled or captioned. Delictual actions
for injury or damages shall be filed separately as original civil actions. This Section shall not apply to the commitment
and transfer of children under > R.S. 15:901.
D. This Section shall provide the exclusive procedure and standard for review for all offenders as defined seeking review
under this Part.
§ 1178. Judicial screening
A. When a clerk of court receives a petition for judicial review filed under the provisions of > R.S. 15:1177, the
clerk shall transmit the petition to the appropriate division or official of the court prior to taking any action on the petition.
B. The court, as soon as practicable after receiving the petition, shall review the petition to determine if the petition
states a cognizable claim or if the petition, on its face, is frivolous or malicious, or fails to state a cause of action,
or seeks monetary damages from a defendant who is immune from liability for monetary damages.
C. If the court determines that the petition states a cognizable claim, the court shall return the petition to the clerk
of court for service of process.
D. If the court determines that the petition, on its face, is frivolous, or fails to state a cause of action, or seeks
monetary damages from a defendant who is immune from liability for monetary damages, the court may dismiss the petition, or
any portion of the petition, without requiring the exhaustion of administrative remedies.
§ 1179. Service of process
The clerk of court shall not order service of process with respect to any petition filed under the provisions of >
R.S. 15:1177 until the petition has been reviewed by the court and has been found to state a cognizable claim.
PRISON LITIGATION REFORM ACT
LOUISIANA REVISED STATUTES
TITLE 15. CRIMINAL PROCEDURE
CHAPTER 7. PRISONS AND CORRECTIONAL INSTITUTIONS
PART XVI. PRISON LITIGATION REFORM ACT
§ 1181. Definitions
In this Part the terms enumerated have the following meanings:
(1) "Consent decree" means any relief entered by the court that is based in whole or in part upon the consent
or acquiescence of the parties but does not include private settlements.
(2) "Civil action with respect to prison conditions" or "prisoner suit" means any civil proceeding
with respect to the conditions of confinement or the effects of actions by government officials on the lives of persons confined
in prison, but does not include post conviction relief or habeas corpus proceedings challenging the fact or duration of confinement
(3) "Expert" means any person appointed by a court to exercise the powers of an expert, regardless of the title
or description given by the court.
(4) "Fails to state a claim upon which relief can be granted" means the petition does not allege a set of facts
in support of a claim which would entitle the petitioner to relief on that claim.
(5) "Prison" means any state or local jail, prison, or other correctional facility that incarcerates or detains
juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law.
(6) "Prisoner" means any person subject to incarceration, detention, or admission to any prison who is accused
of, convicted of, sentenced for, or adjudicated delinquent for a violation of criminal law or the terms or conditions of parole,
probation, pretrial release, or a diversionary program. Status as a "prisoner" is determined as of the time the
cause of action arises. Subsequent events, including post trial judicial action or release from custody, shall not affect
(7) "Prisoner release order" includes any order, including a temporary restraining order or preliminary injunctive
relief, that has the purpose or effect of reducing or limiting the prison population, or that directs the release of prisoners
from or prohibits the admission of prisoners to a prison.
(8) "Private settlement agreement" means an agreement entered into among the parties that is not subject to
judicial enforcement other than the reinstatement of the civil proceeding that the agreement settled.
(9) "Prospective relief" means all relief other than compensatory monetary damages.
(10) "Relief" means all relief in any form that may be granted or approved by the court, and includes consent
decrees but does not include private settlement agreements.
§ 1182. Appropriate remedies with respect to prison conditions
A. Prospective relief in any civil action with respect to prison conditions shall extend no further than necessary to
correct the violation of the state right of a particular plaintiff or plaintiffs. The court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct
the violation of the state right, and is the least intrusive means necessary to correct the violation of the state right.
The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system
caused by the relief. The court shall not order any prospective relief that requires or permits a government official to
exceed his or her authority under state or local law or otherwise violates state or local law unless state law permits such
relief to be ordered, and the relief is necessary to correct the violation of a state right, and no other relief will correct
the violation of the state right. Nothing in this Section shall be construed to authorize the courts, in exercising their
remedial powers, to order the construction of prisons or the raising of taxes, or to repeal or detract from otherwise applicable
limitations on the remedial powers of the courts.
B. In any civil action with respect to prison conditions, to the extent otherwise authorized by law, the court may enter
a temporary restraining order or an order for preliminary injunctive relief. Preliminary injunctive relief must be narrowly
drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least
intrusive means necessary to correct that harm. The court shall give substantial weight to any adverse impact on public safety
or the operation of a criminal justice system caused by the preliminary relief. Preliminary injunctive relief shall automatically
expire ninety days after its entry, unless the court makes the findings required under Subsection A for the entry of prospective
relief and makes the order final before the expiration of the ninety-day period.
C. In any civil action with respect to prison conditions, no prisoner release order shall be entered unless a court has
previously entered an order for less intrusive relief that has failed to remedy the violation of the state right sought to
be remedied through the prisoner release order and the defendant has had a reasonable amount of time to comply with the previous
D. Any state or local official or unit of government whose jurisdiction or function includes the appropriation of funds
for the construction, operation, or maintenance of prison facilities, or the prosecution or custody of persons who may be
released from, or not admitted to, a prison as a result of a prisoner release order shall have standing to oppose the imposition
or continuation in effect of such relief and to seek termination of such relief, and shall have the right to intervene in
any proceeding relating to such relief.
E. (1) In any civil action with respect to prison conditions in which prospective relief is ordered, such relief shall
be terminable upon the motion of any party or intervener two years after the date the court granted or approved the prospective
relief, or one year after the date the court has entered an order denying termination of prospective relief under this Section,
or, in the case of an order issued on or before July 9, 1997, two years after such date.
(2) In any civil action with respect to prison conditions, a defendant or intervener shall be entitled to the immediate
termination of any prospective relief if the relief was approved or granted in the absence of a finding by the court that
the relief was narrowly drawn, extended no further than necessary to correct the violation of the state right, and was the
least intrusive means necessary to correct the violation of the state right.
(3) Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief
remains necessary to correct a current or ongoing violation of the state right and that the prospective relief is narrowly
drawn, extends no further than necessary to correct the violation of the state right, and is the least intrusive means to
correct the violation.
(4) Nothing in this Section shall prevent any party or intervener from seeking modification or termination before the
relief is terminable under this Subsection, to the extent that modification or termination would otherwise be legally permissible.
F. In any civil action with respect to prison conditions, the court shall not enter or approve a consent decree unless
it complies with the limitations on relief set forth in Subsection A. Nothing in this Section shall preclude parties from
entering into a private settlement agreement that does not comply with the limitations on relief set forth in Subsection A,
if the terms of that agreement are not subject to court enforcement other than the reinstatement of the civil proceeding that
the agreement settled.
G. The court shall promptly rule on any motion to modify or terminate prospective relief in a civil action with respect
to prison conditions. Any prospective relief subject to a pending motion shall be automatically stayed during the period
beginning on the thirtieth day after such motion is filed, in the case of a motion made under Subsection E, or beginning on
the one hundred eightieth day after such motion is filed, in the case of a motion made under any other law, and ending on
the date the court enters a final order ruling on the motion.
§ 1183. Experts
A. When otherwise specifically authorized by law, in any prisoner suit, the court may appoint an expert who shall be
disinterested and objective and will give due regard to the public safety. If the court determines that the appointment of
an expert is necessary, the court shall request that the defendant and the plaintiff each submit a list of not more than five
persons to serve as an expert. Each party shall have the opportunity to remove up to three persons from the opposing party's
list. The court shall select the expert from the persons remaining on the lists after all names have been removed. Any party
shall have the right to an interlocutory appeal of the judge's selection of the expert under this Section on the ground of
B. An expert appointed under this Section may be authorized to conduct hearings and prepare proposed findings of fact
on the record and may assist in the development of remedial plans. The expert shall not make any findings or communications
ex parte. An expert may be appointed during the remedial phase of a civil action with respect to prison conditions only upon
a finding that the remedial phase will be sufficiently complex to warrant such appointment.
C. In any civil action with respect to prison conditions in which an expert is appointed under this Section, the court
shall review the appointment of the expert every six months to determine whether the services of the expert continue to be
required. The expert may be removed at any time. In no event shall the appointment of an expert extend beyond the termination
of the relief.
D. Notwithstanding any other law to the contrary, the compensation to be allowed to an expert shall not be greater than
the hourly rate established for payment of court-appointed counsel, plus costs reasonably incurred by the expert. Such compensation
and costs shall be paid with funds available to the court.
§ 1184. Suits by prisoners
A. (1) For purposes of this Section, the following words have the following meanings:
(a) "Administrative remedies" means written policies adopted by governmental entities responsible for the operation
of prisons which establish an internal procedure for receiving, addressing, and resolving claims by prisoners with respect
to the conditions of confinement or the effects of actions by government officials on the lives of persons confined in prison.
Such "administrative remedies" need not be adopted or published in compliance with > R.S. 15:1171.
(b) "Available" means all administrative remedies adopted by governmental entities, which address claims of
the kind asserted by the prisoner even if the administrative remedies do not allow the prisoner the particular kind of relief
(2) No prisoner suit shall assert a claim under state law until such administrative remedies as are available are exhausted.
If a prisoner suit is filed in contravention of this Paragraph, the court shall dismiss the suit without prejudice.
(3) A court shall take judicial notice of administrative remedies adopted by a governmental entity that have been filed
with the clerk of the district court in the parish where the governmental entity is domiciled.
B. The court, on its own motion or on the motion of a party, shall dismiss any prisoner suit if the court is satisfied
that the action is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is
immune from such relief, or fails to state a claim upon which relief can be granted. If the court makes a determination to
dismiss the suit based on the content, or lack thereof, of the petition, the court may dismiss the underlying claim without
first requiring the exhaustion of administrative remedies. The court, on its own motion, may raise an exception of improper
venue and transfer the suit to a court of proper venue or dismiss the suit.
C. Any defendant may waive the right to reply to any civil action brought by a person confined in any prison or to any
prisoner suit. Notwithstanding any other law or rule of procedure, such waiver shall not constitute an admission of the allegations
contained in the petition or waive any affirmative defenses available to the defendant. No relief shall be granted to the
plaintiff unless an answer has been filed. The court may require any defendant to answer a petition brought under this Section
if it finds that the plaintiff has a reasonable opportunity to prevail on the merits.
D. To the extent practicable, in any action brought with respect to prison conditions pursuant to the provisions of this
Section, or any other law, by a prisoner confined in any prison, pretrial proceedings in which the prisoner's participation
is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing
the prisoner from the facility in which he is confined. The courts may rule on exceptions and motions, without holding a
contradictory hearing, after providing the parties an opportunity to file supporting and opposing memoranda. Subject to agreement
by the state or local entity of government with custody over the prisoner, hearings may be conducted at the facility in which
the prisoner is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference,
or other telecommunications technology in any hearing held at the facility.
E. No prisoner suit may assert a claim under state law for mental or emotional injury suffered while in custody without
a prior showing of physical injury.
F. The exclusive venue for delictual actions for injury or damages shall be the parish where the prison is situated to
which the prisoner was assigned when the cause of action arose. Upon consent of all parties, the court may transfer the suit
to a parish in which venue would otherwise be proper.
G. The actions of more than one prisoner may not be cumulated and a prisoner suit filed or prosecuted pro se may not
assert a class action. If a suit names more than one plaintiff or asserts a pro se class action, the actions of any plaintiff,
other than the first named plaintiff, shall be dismissed without prejudice. As to the claims dismissed pursuant to this Subsection,
the filing of the suit shall not be considered an interruption of prescription for purposes of > Civil Code Article 3463.
§ 1185. Attorney fees
A. In any prisoner suit in which attorney fees are authorized, such fees shall not be awarded, except to the extent
that the fee was directly and reasonably incurred in proving an actual violation of the plaintiff's rights protected by a
statute pursuant to which a fee may be awarded, and the amount of the fee is proportionately related to the court-ordered
relief for the violation or the fee was directly and reasonably incurred in enforcing the relief ordered for the violation.
B. Whenever a monetary judgment is awarded in an action described in Subsection A, a portion of the judgment, not to
exceed twenty-five percent, shall be applied to satisfy the amount of attorney fees awarded against the defendant. If the
award of attorney fees is not greater than one hundred fifty percent of the judgment, the excess shall be paid by the defendant.
No award of attorney fees in an action shall be based on an hourly rate greater than the hourly rate established for payment
of court-appointed counsel.
C. Nothing in this Section shall prohibit a prisoner from entering into an agreement to pay an attorney fee in an amount
greater than the amount authorized under this Section, if the fee is paid by the individual rather than by the defendant.
§ 1186. Proceedings in forma pauperis
A. (1) A prisoner who seeks to bring a civil action or file an appeal or writ application in a civil action without
prepayment of fees or security must comply with all requirements for proceeding in forma pauperis except > Code of Civil
Procedure Article 5183(A)(2) and shall submit a certified copy of the trust fund account statement or institutional equivalent
for the six-month period immediately preceding the filing of the petition, notice of appeal, or writ application obtained
from the appropriate official of each prison at which the prisoner is or was confined.
(2) If a prisoner brings a civil action or files an appeal or writ application in forma pauperis as authorized by Paragraph
(A)(1), the prisoner shall still be required to pay the full amount of a filing fee. The court shall assess and, when funds
exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of twenty percent of
the greater of the average monthly deposits to the prisoner's account, or the average monthly balance in the prisoner's account
for the six-month period immediately preceding the filing of the petition, notice of appeal, or writ application.
(3) If a prisoner brings a civil action, files an appeal, or files a writ application in which the prisoner is not allowed
to proceed as a pauper, the prisoner must pay the required costs in advance. If the prisoner does not pay the costs in advance,
the civil action, appeal, or writ application shall be dismissed without prejudice. If the action is dismissed pursuant to
this Paragraph, the filing of the suit shall not be considered an interruption of prescription for purposes of > Civil
Code Article 3463.
B. (1) After payment of the initial partial filing fee, as required by Paragraph (A)(2) of this Section, the prisoner
shall be required to make monthly payments of twenty percent of the preceding month's income credited to the prisoner's account.
The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each
time the amount in the account exceeds ten dollars until the filing fees are paid. In no event shall the filing fee collected
exceed the amount of fees permitted by statute.
(2)(a) The order granting a prisoner's request to proceed in forma pauperis automatically stays all proceedings, including
any service of process, until all costs of court or fees due the clerk by the prisoner in this matter are paid. During the
pendency of the stay the prisoner may not take any action to prosecute the suit, including but not limited to filing any pleadings,
discovery, or motions other than a motion for voluntary dismissal or a motion to lift the stay because all costs have been
(b) If at any time during the pendency of the action additional costs of court or fees due the clerk by the prisoner
accrue and are unpaid by the prisoner, then upon order of the court ex proprio motu or upon motion of the clerk or any other
party, the action may be stayed as provided herein until all such additional costs are paid.
(c) If the prisoner does not pay the full court costs or fees within three years from when they are incurred, the suit
shall be abandoned and dismissed without prejudice. This provision shall be operative without formal order, but, on the court's
own motion or upon ex parte motion of any party, the clerk or other interested person by affidavit which provides that the
full court costs and fees have not been paid within three years from when they were incurred, the trial court shall enter
a formal order of dismissal as of the date of its abandonment. The order shall be served on the plaintiff pursuant to >
Code of Civil Procedure Article 1313 or > 1314, and the plaintiff shall have thirty days from date of service to move to
set aside the dismissal. However, the trial court may direct that a contradictory hearing be held prior to dismissal.
(d) The automatic stay shall not apply only if the court makes a written finding that:
(i) The suit is a proceeding for judicial review brought pursuant to > R.S. 15:574.11 or > R.S. 15:1177;
(ii) The suit is a post-conviction relief or habeas corpus proceeding challenging the fact or duration of confinement
in prison; or
(iii) The inmate is in imminent danger of serious physical injury, the suit solely seeks injunctive relief to avoid the
danger, and relief is available in the suit which will avert the danger.
C. Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case
at any time if the court determines that the allegation of poverty is untrue, or the action or appeal is frivolous, is malicious,
fails to state a cause of action, seeks monetary relief against a defendant who is immune from such relief, or fails to state
a claim upon which relief can be granted.
D. If the judgment against a prisoner includes the payment of costs, the prisoner shall be required to pay the full amount
of the costs ordered and in the same manner as is provided for filing fees. In no event shall the costs collected exceed
the amount of the costs ordered by the court.
E. In actions to which this Part applies, the provisions of this Section, to the extent of any conflict with those of
> Code of Civil Procedure Article 5181 et seq., apply to the payment of filing fees and costs.
F. If a prisoner has at least three dismissals as described in > R.S. 15:1187 but the prisoner does not yet have three
dismissals that are final under that Section, and, further, if the prisoner is disqualified from proceeding as a pauper either
in federal court by operation of > 28 USC 1915(g) or in the courts of another state by operation of a similar law of that
state, then the court on its own motion may, or on motion of a party shall, stay all proceedings in any other prisoner suit
or appeal in which the prisoner is proceeding as a pauper until such time as the dismissals become final. This Subsection
shall not apply if the court finds that the prisoner is in imminent danger of serious physical injury.
§ 1187. Successive claims
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis
if the prisoner has, on three or more prior occasions while incarcerated or detained in any facility, brought an action or
appeal in a state court that was dismissed on the grounds that it was frivolous, was malicious, failed to state a cause of
action, or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious
§ 1188. Judicial screening and service of process
A. The court shall review, before docketing if feasible or, in any event, before service on the defendants, a petition
in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
On review, the court shall identify cognizable claims or dismiss the petition, or any portion of the petition, if the petition
is frivolous, is malicious, fails to state a cause of action, seeks monetary relief from a defendant who is immune from such
relief, or fails to state a claim upon which relief can be granted.
B. A court shall not authorize or permit service of a prisoner suit until compliance with both of the following:
(1) The screening required in Subsection A of this Section has been completed.
(2) The provisions of > R.S. 15:1186(A)(1) and > (2) have been satisfied, if the plaintiff is proceeding in forma
C. The clerk shall not have a prisoner suit served until specifically ordered to do so by the court as provided in Subsection
B of this Section, and then the suit shall be served only upon those defendants specifically ordered by the court to be served.
§ 1189. Payment of damage award in satisfaction of pending restitution orders
Any damages awarded to a prisoner in connection with a civil action brought against any prison or against any official
or agent of such prison shall be paid directly to satisfy any outstanding restitution orders pending against the prisoner.
The remainder of any such award after full payment of all pending restitution orders shall be forwarded to the prisoner.
Prior to payment of any damages awarded under this Part, reasonable efforts shall be made to notify the victims of the crime
for which the prisoner was convicted and incarcerated concerning the pending payment of any such damages.
§ 1190. Earned release credit or good time credit revocation
In any civil action brought by any person convicted of a crime and confined in a prison, the court may order the revocation
of such earned good time credit that has not yet been vested, if, on its own motion or the motion of any party, the court
finds that the claim was filed for a malicious purpose, the claim was filed solely to harass the party against which it was
filed, or the claimant testifies falsely or otherwise knowingly presents false evidence or information to the court.
§ 1191. Claims arising under federal law
Except as specifically prohibited by federal law, the provisions of this Part shall also apply to all prisoner suits
in state courts asserting claims arising under > 42 U.S.C. 1983 or other federal laws.