Siggers v. Epps
| Docket Number: | 2006-CP-01076-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: CHANDLER, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Rules violation - Exhaustion of administrative remedies - Section 47-5-807 - Section 47-5-803 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 06-13-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: TRIAL COURT DISMISSED MOTION FOR COURT TO COMPLY WITH RULE 15(A) |
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| Party Name: | Attorney Name: | |||
| Appellant: | RENO SIGGERS |
RENO SIGGERS (PRO SE) |
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| Appellee: | CHRISTOPHER EPPS, LAWRENCE KELLY AND LOLA NELSON | OFFICE OF THE ATTORNEY GENERAL BY: JANE L. MAPP |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Rules violation - Exhaustion of administrative remedies - Section 47-5-807 - Section 47-5-803 |
| Summary of the Facts: | Reno Siggers filed a complaint against Mississippi Department of Corrections officials Commissioner Christopher Epps, Superintendent Lawrence Kelly, and Hearing Officer Lola Nelson. Siggers argued that he was entitled to dismissal of a Rules Violation Report finding him guilty of possession of contraband. The circuit court concluded that it lacked jurisdiction over Siggers's complaint and dismissed it. Siggers appeals. |
| Summary of Opinion Analysis: | Siggers argues that the court erred by finding that, without a constitutional violation, it lacked jurisdiction over his appeal from the MDOC decision. Section 47-5-807 provides that "[a]ny offender who is aggrieved by an adverse decision rendered pursuant to any administrative review procedure under Sections 47-5-801 through 47-5-807 may, within thirty (30) days after receipt of the agency's final decision, seek judicial review of the decision." Section 47-5-803 requires that a prisoner exhaust administrative remedies before a state court may entertain the prisoner's grievance or complaint. The record shows that Siggers exhausted his administrative remedies and then sought judicial review within thirty days of the MDOC's final decision. Therefore, the circuit court had jurisdiction over Siggers' complaint pursuant to sections 47-5-803 and 47-5-807. |
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