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November 21, 1997; 10:00 a.m. NOT TO BE PUBLISHED

NO. 97-CA-0458-MR ANTHONY BEAN APPEAL FROM OLDHAM CIRCUIT COURT HONORABLE DENNIS A. FRITZ, JUDGE ACTION NO. 97-CI-0015 APPELLEE OPINION AFFIRMING * * * * * * * * * * BEFORE: WILHOIT1, CHIEF JUDGE; EMBERTON and GUIDUGLI, Judges. GUIDUGLI, JUDGE. Anthony Bean, acting pro se, appeals an order APPELLANT

V.

WALTER CHAPLEAU

of the Oldham Circuit Court entered February 10, 1997, dismissing his petition for declaratory judgment brought pursuant to KRS 418.040 for failure to bring the action within the statute of limitations period. We affirm.

Bean is an inmate at the Eastern Kentucky Correctional Complex (EKCC) in West Liberty, Kentucky. On December 5, 1995,

Bean was found guilty by the prison Adjustment Committee of conspiring with a female staff member to smuggle marijuana into the prison. The Adjustment Committee's decision was based in The

part on confidential information not disclosed to Bean.

Adjustment Committee imposed penalties of ninety (90) days
1

Chief Judge Wilhoit concurred in this opinion prior to his retirement effective November 15, 1997. Release of the opinion was delayed by normal administrative handling.

disciplinary segregation and ninety (90) days forfeiture of good time. Upon appeal, the prison warden, Walter Chapleau, concurred On January 15, 1997,

with the Adjustment Committee's decision.

Bean filed his petition for declaratory judgment alleging the disciplinary proceeding violated due process. On February 7,

1997, Chapleau filed a motion to dismiss based on KRS 413.140(1)(a), which provides a one-year statute of limitations for injury to a person. On February 10, 1997, the circuit court

dismissed the petition as being time-barred under KRS 413.140(1)(a). This appeal followed.

The initial issue concerns the appropriate statute of limitations. Bean claims the procedure used by the Adjustment

Committee violated his federal constitutional right to due process under the 14th Amendment. In Wilson v. Garcia, 471 U.S.

261, 105 S. Ct. 1938, 85 L. Ed. 2d 254 (1985), the United States Supreme Court stated that in order to achieve uniformity in handling federal claims under 42 U.S.C.

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