Antrigus West v. Brad Adams

RENDERED: SEPTEMBER 24, 2021; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2020-CA-1249-MR
ANTRIGUS WEST APPELLANT
APPEAL FROM BOYLE CIRCUIT COURT
v. HONORABLE DARREN W. PECKLER, JUDGE
ACTION NO. 20-CI-00127
BRAD ADAMS APPELLEE
OPINION
AFFIRMING
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BEFORE: COMBS, GOODWINE, AND LAMBERT, JUDGES.
GOODWINE, JUDGE: Antrigus West (“West”) appeals pro se from an order of
the Boyle Circuit Court denying his petition for declaration of rights. Because
West failed to show he exhausted his administrative remedies, we affirm.
According to the circuit court’s order: “[West], while an inmate at
Northpoint Training Center, was charged with physical action against an
employee. Following a disciplinary hearing, he was found guilty and assessed a
thirty (30) day term in segregation with fifteen (15) days suspended and ninety (90)
days of non-restorable good time credit.” Record (R.) at 31.
West then filed a petition for declaration of rights in the circuit court
“alleging claims of insufficient evidence and violations of his due process rights.”
Id. He failed to attach any documents to his petition verifying he exhausted his
administrative remedies by appealing to the Warden. Respondents moved to
dismiss the petition, arguing West failed to show he exhausted administrative
remedies as required by KRS 454.415(3). West responded asserting he attached
the appropriate documentation to his complaint. The circuit court found West
failed to attach to his complaint proof he had exhausted his administrative
remedies and dismissed West’s petition for failure to comply with KRS 454.415.
This appeal followed.
West names only Warden Brad Adams (“Adams”) in the notice of
appeal. “He failed to name . . . the Department of Corrections as an indispensable
party, which warrants dismissal of this appeal under Watkins v. Fannin, 278
S.W.3d 637, 640 (Ky. App. 2009).” Woods v. Commonwealth, 599 S.W.3d 894,
895-96 (Ky. App. 2020).
However, in his circuit court petition, West named as parties the
Warden, Chairman Adjustment Officer, Report Officer, Investigating Officer, and
Northpoint Training Center. He served each of them through the Justice and
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Public Safety Cabinet, and they were all represented by the Cabinet’s Office of
Legal Services. According to the “Clerk’s Certificate of Service” a copy of the
notice of appeal was hand-delivered to “Angela Turner Dunham, Justice and
Public Safety Cabinet.” R. at 49.
In Thrasher v. Commonwealth, 386 S.W.3d 132 (Ky. App. 2012), the
petitioner “named only the Commonwealth of Kentucky in the notice of appeal but
served the Department through its legal counsel. His appeal was initially
dismissed for failure to name an indispensable party. The Kentucky Supreme
Court vacated the order and remanded for consideration in light
of Lassiter.[1] Id. at 133 n.1.” Woods, 599 S.W.3d at 896. On remand, this Court
affirmed the circuit court because Thrasher “failed to exhaust his administrative
remedies or otherwise attach proof of exhaustion of remedies to his complaint[.]”
Thrasher, 386 S.W.3d at 134.
Based on Thrasher, we consider the merits of West’s argument on
appeal, which fails because he failed to attach documentation to his complaint
verifying he exhausted his administrative remedies. KRS 454.415 provides in
pertinent part:
(1) No action shall be brought by or on behalf of an
inmate, with respect to:
(a) An inmate disciplinary proceeding;
1
Lassiter v. American Express Travel Related Services Co., 308 S.W.3d 714, 719 (Ky. 2010).
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(b) Challenges to a sentence calculation;
(c) Challenges to custody credit; or
(d) A conditions-of-confinement issue;
until administrative remedies as set forth in the policies
and procedures of the Department of Corrections, county
jail, or other local or regional correctional facility are
exhausted.
(2) Administrative remedies shall be exhausted even if
the remedy the inmate seeks is unavailable.
(3) The inmate shall attach to any complaint filed
documents verifying that administrative remedies have
been exhausted.
(4) A court shall dismiss a civil action brought by an
inmate for any of the reasons set out in subsection (1) of
this section if the inmate has not exhausted
administrative remedies, and may include as part of its
order an assessment of court costs against the inmate as
the court may deem reasonable and prudent. The
correctional facility may enforce this assessment against
the inmate’s canteen account and against any other assets
of the inmate through any other mechanism provided by
law.
On appeal, West argues he attached to his complaint the Warden’s
review of his appeal verifying he exhausted his administrative remedies and also
attached this documentation to his response to the motion to dismiss. However,
based on our review, the record does not contain the Warden’s review of West’s
appeal or any other documentation showing he exhausted his administrative
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remedies. “KRS 454.415(3) requires an inmate to prove exhaustion by ‘attach[ing]
to any complaint filed documents verifying that administrative remedies have been
exhausted.’ The penalty for failing to comply with administrative remedies is
dismissal of the action.” Woods, 599 S.W.3d at 897. As such, the circuit court
correctly dismissed West’s petition for failure to comply with KRS 454.415.
For the foregoing reasons, we affirm the judgment of the Boyle
Circuit Court.
ALL CONCUR.
BRIEF FOR APPELLANT: BRIEF FOR APPELLEE:
Antrigus West, pro se Angela T. Dunham
Burgin, Kentucky Frankfort, Kentucky
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