Appeal from the 19th Judicial District Court. In and for the
Parish of East Baton Rouge, State of Louisiana. No. C-613273,
Sec. 22 The Honorable Timothy Kelley, Judge Presiding.
Williams, Louisiana State Penitentiary, Angola, Louisiana,
Plaintiff/Appellant, In Proper Person.
L. Cannon, Legal Programs Department, Louisiana State
Penitentiary, Angola, Louisiana, Attorney for Appellee, James
GUIDRY, THERIOT, AND DRAKE, J. Guidry, J. concur in the
0643 La.App. 1 Cir. 2] DRAKE, J.
Clarence Williams, an inmate housed at the Louisiana State
Penitentiary (" LSP" ), appeals a district court
dismissing his petition for judicial review of a grievance he
filed with the Louisiana Department of Public Safety and
Corrections (" DPSC" ) pursuant to the Corrections
Administrative Remedy Procedure (" CARP" ), La.
R.S. 15:1171, et seq. For the reasons that follow,
AND PROCEDURAL HISTORY
Williams had submitted a visiting request to the LSP, seeking
to have his adult daughter, C. Bennett, added to his approved
list of visitors. On May 12, 2009, the LSP denied the request
of Mr. Williams. The LSP gave as its reason for the denial
that on the visiting questionnaire, C. Bennett indicated that
a family member had been a victim of a crime committed by Mr.
Williams, and as such she, C. Bennett, would not be added to
his approved Visiting List.
on October 10, 2011, Mr. Williams filed administrative remedy
procedure (" ARP" ) LSP-2011-2724, wherein he
complained that the DPSC denied his request to add his adult
daughter, C. Bennett, to his approved list of visitors. Mr.
Williams alleged that his daughter was denied visitation with
him at the LSP on May 7, 2009, pursuant to DPSC Regulation
C-02-008, which governs offender visitation.
first step response, the DPSC stated that the change in DPSC
Regulation C-02-008 would not prevent Mr. Williams's
adult daughter C, Bennett from visiting with him; it would
only prevent minors from participating in the visitation
process without special permission from the LSP Warden.
Rather, the DPSC stated that the reason Mr. Williams's
daughter was denied visitation on May [2014 0643 La.App. 1
Cir. 3] 7, 2009, was because she indicated that she or a
family member was a victim, of which decision Mr. Williams
was notified of by the LSP on May 12, 2009. Having denied Mr.
Williams's request to have his daughter added to his
approved visiting list due to possible victim concerns, the
DPSC denied Mr. Williams's request for administrative
remedy. Mr. Williams requested to proceed to the second step
review, wherein the relief he requested was likewise denied
with the explanation, " it was determined that the first
step response provided [was] clear and concise, as well as
[had] addressed your request appropriately."
Mr. Williams filed a petition for judicial review on June 27,
2012, seeking redress for his complaint. In his screening
recommendation, the commissioner assigned to review the
matter held that Mr. Williams had no constitutional or
statutory right to add C. Bennett to his visitor's list.
The commissioner reasoned that the decision of the DPSC was
based on security concerns and that there was no evidence in
the record or basis in the law to show that the decision of