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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 3 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 19th day of January, 2005 , are as follows:

BY WEIMER, J. : 2004-CC-0744 SHARON DAILEY v. HELEN TRAVIS, IN PER CAPACITY AS ASSISTANT WARDEN OF LOUISIANA CORRECTIONAL INSTITUTE FOR WOMEN, JOHNNIE JONES IN HER CAPACITY AS WARDEN OF LOUISIANA CORRECTIONAL INSTITUTE OF WOMEN, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, AND ABC INSURANCE COMPANY (Parish of Iberville) For reasons assigned in this matter, as well as the discussion in Cheron v. LCS Corrections Services, Inc., the decision of the court of appeal denying the Department's application for writ of certiorari is affirmed. AFFIRMED.

1/19/05

SUPREME COURT OF LOUISIANA
No. 04-CC-0744 SHARON DAILEY VERSUS

HELEN TRAVIS, IN HER CAPACITY AS ASSISTANT WARDEN OF LOUISIANA CORRECTIONAL INSTITUTE FOR WOMEN, JOHNNIE JONES IN HER CAPACITY AS WARDEN OF LOUISIANA CORRECTIONAL INSTITUTE OF WOMEN, STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, AND ABC INSURANCE COMPANY
On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of Iberville

WEIMER, Justice Certiorari was granted in this matter to determine whether the legislative amendments to the Corrections Administrative Remedy Procedure (CARP), LSA-R.S. 15:1171-1179, and Prison Litigation Reform Act (PLRA), LSA-R.S. 15:1181-1191, by 2002 La. Acts, 1st Extraordinary Session, No. 89 (Act 89), effective April 18, 2002, should be applied retroactively to cases pending at the time the legislation was enacted. Considering the facts of this case and for the reasons assigned in Cheron v. LCS Corrections Services, Inc.,1 decided this date, we affirm the ruling of the lower courts denying the exceptions of prematurity urged by the defendants: Helen Travis (Assistant Warden of Louisiana Correctional Institute for Women); Inez Robinson

Certiorari was also granted in the matter entitled Patrick R. Cheron v. LCS Corrections Services, Inc. and the State of Louisiana through the Department of Public Safety and Corrections and Warden Gary Copes, 04-CC-0703, (La. 1/19/05), ___ So.2d ___, decided this date in a separate opinion.

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(Director of prison infirmary); Johnnie Jones (Warden of Louisiana Correctional Institute of Women); and State of Louisiana through the Department of Public Safety and Corrections (the Department). We hold that retroactive application of Act 89 may not be applied to a case in which the claimant would be deprived of a vested right. FACTS AND PROCEDURAL BACKGROUND Sharon Dailey filed a personal injury suit against defendants for injuries allegedly sustained during her incarceration at the Louisiana Correctional Institute for Women.2 In a suit filed on July 12, 2001, Dailey alleged that on October 17, 2000, prison employees ordered her to climb on top of a water buffalo, a trailer-mounted water tank used for irrigation. She asserted she was not physically fit to be on top of the vehicle and the prison employees were aware of that fact. She also alleged the prison employees knew the vehicle was not designed for transportation and that the vehicle was not functioning properly. She contends she fell off the water buffalo and was severely injured. She initially received treatment at the prison infirmary and was treated some time later at Earl K. Long Hospital. Dailey contends the hospital staff referred her to a spine clinic and an orthopedic surgeon, but that prison officials failed to provide her with the recommended medical appointments. Due to lack of timely and adequate medical treatment, Dailey claims she continues to suffer from pain in her neck and back.

The record reflects Dailey filed a First Step Request for administrative remedy procedure on January 8, 2001, alleging she had been refused medication and treatment for orthopedic problems. The First Step Response prepared by Helen Travis, Assistant Warden, was dated January 16, 2001, and indicates Dailey's request was granted. The response indicates Dailey was seen by Dr. S. Suryadevara on January 12, 2001, started on medication, placed on restricted duty, and would be seen by an orthopedic doctor. Apparently, the appointment was not handled expeditiously and Dailey filed a Second Step Request which was undated and unsigned. That request was rejected as untimely because it was filed more than five days following receipt of the First Step Response. 2

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Dailey seeks recovery for damages including medical bills, future medical expenses, and general damages for pain and suffering. She alleged defendants violated LSA-R.S. 15:760 (entitled "Hospital quarters") and LSA-R.S. 15:831 (entitled "Medical care of inmates; testing"). She also asserted a claim based on violation of her civil rights under 42 USC

Download 2004-CC-0744 SHARON DAILEY v. HELEN TRAVIS, IN HER CAPACITY AS ASSISTANT WARDEN.

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