Ronnie M. Lyles v. Louisiana Department of Public Safety and Corrections ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL
FIRST CIRCUIT
NO. 2019 CA 0855
RONNIE M. LYLES
VERSUS
LOUISIANA DEPARTMENT OF
is PUBLIC SAFETY AND CORRECTIONS
Judgment Rendered:
FEB 2 12020
Appealed from the 19th Judicial District Court
In and for the Parish of East Baton Rouge
State of Louisiana
Suit No. 680671
Honorable Trudy M. White, Judge Presiding
Ronnie M. Lyles Plaintiff/Appellant
Angie, Louisiana In Proper Person
Jonathan R. Vinning Counsel for Defendant/Appellee
Baton Rouge, Louisiana Louisiana Department of Public
Safety and Corrections
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
Lanier, J.
Petitioner, Ronnie M. Lyles, an inmate in the custody of the Louisiana
Department of Public Safety and Corrections (" DPSC"), appeals a judgment
affirming DPSC' s final agency decision rendered under Disciplinary Board Appeal
No. RCC -2018- 447, dismissing the claims alleged in his petition for judicial
review for failure to raise a substantial right violation. For the following reasons,
we affirm.
DISCUSSION
Lyles was convicted of a Rule # 21F ( Aggravated Sex Offense) violation, for
which he was sentenced to 90 days disciplinary segregation, and a Rule # 30D
General Prohibited Behavior) violation, for which he was sentenced to 4 weeks
cell confinement.
After exhausting his administrative remedies, Lyles filed a
petition for judicial review in the Nineteenth Judicial District Court. The matter
was then referred to a commissioner for review pursuant to La. R.S. 15: 1188. 1 The
commissioner recommended that Lyles' claims be dismissed, without prejudice, for
failure to raise a " substantial right" violation and thus, for being frivolous and for
failing to state a cognizable claim or cause of action for relief. Lyles timely filed a
traversal of that recommendation, reiterating his arguments to the court. On April
13, 2019, the district court signed a judgment, affirming DPSC' s decision,
dismissing, without prejudice, Lyles' petition for failure to raise a substantial right
violation and for being frivolous and failing to state a cognizable claim or cause of
action for relief. This appeal by Lyles followed.
As noted by the commissioner, the courts may intervene in the decisions of
DPSC only in cases where substantial rights of the petitioner have been prejudiced.
1 The offices of commissioner of the Nineteenth Judicial District Court were created by La. R.S.
13: 711 to hear and recommend disposition of criminal and civil proceedings arising out of the
incarceration of state prisoners. La. R.S. 13: 713( A). The district judge " may accept, reject, or
modify in whole or in part the findings or recommendations made by the commissioner and also
may receive further evidence or recommit the matter to the commissioner with instructions." La.
R.S. 13: 713( C)( 5).
N
See La. R.S. 15: 1177( A)(9). The penalties imposed herein, i.e., 90 days
disciplinary segregation and 4 weeks cell confinement, do not rise to the level of
atypical punishment or a dramatic departure from basic prison conditions. See
Sandin v. Conner, 515 U.S. 472, 485- 486, 115 S. Ct. 2293, 2301, 132 L.Ed.2d 4181995). Therefore, modification or reversal of the disciplinary action was not
warranted under the law.
After a thorough review of the record, in consideration of Lyles' arguments
on appeal, and applying the relevant law and jurisprudence, we find no error of law
or abuse of discretion by the district court in adopting, as its own, the
commissioner' s report. We, therefore, affirm the April 13, 2019 judgment of the
district court and find that the district court' s reasons for judgment, as set forth in
the commissioner's recommendation, adequately explain the decision. All costs
associated with this appeal are assessed against petitioner, Ronnie M. Lyles.
AFFIRMED.
3