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JACOBS v. CAIN, 2012 CA 0612. (2012)

Court: Court of Appeals of Louisiana Number: inlaco20121102283 Visitors: 4
Filed: Nov. 02, 2012
Latest Update: Nov. 02, 2012
Summary: NOT DESIGNATED FOR PUBLICATION CARTER, C. J. Zzeundre Jacobs, an inmate in the custody of the Louisiana Department of Public Safety and Corrections (the Department), filed a petition for judicial review under the Corrections Administrative Procedure Act, Louisiana Revised Statutes sections 15:1171, et seq. Jacobs challenged the legality of the process by which medication is dispensed at the Louisiana State Penitentiary in Angola, claiming that it allowed unlicensed prison personnel to illeg
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NOT DESIGNATED FOR PUBLICATION

CARTER, C. J.

Zzeundre Jacobs, an inmate in the custody of the Louisiana Department of Public Safety and Corrections (the Department), filed a petition for judicial review under the Corrections Administrative Procedure Act, Louisiana Revised Statutes sections 15:1171, et seq. Jacobs challenged the legality of the process by which medication is dispensed at the Louisiana State Penitentiary in Angola, claiming that it allowed unlicensed prison personnel to illegally practice medicine, in violation of Louisiana Revised Statutes section 37:1024. The district court's Commissioner issued a report setting forth the administrative history of the matter, as well as a discussion of the legal issue, and her recommendation. The Commissioner noted that the Department denied that unauthorized personnel were administering medicine and maintained that those administering medicine complied with the requirements of the Department's regulation. The Commissioner further noted that Jacobs had not complained of being harmed. Finally, the Commissioner found no showing on the record that the Department was governed by Louisiana Revised Statutes section 37:1024, which is limited to specified groups. Following its de novo review of the record, the district court adopted the Commissioner's report as its reasons for judgment, affirmed the Department's decision, and dismissed Jacobs' administrative appeal with prejudice.

After thorough review of the record of these proceedings, we find no error in the judgment of the district court and affirm its judgment in accordance with Uniform Rules — Courts of Appeal, Rule 2-16.2A(5), (6), (7), and (8). All costs of this appeal are assessed to Zzeundre Jacobs.

AFFIRMED.

Source:  Leagle

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