Dukes v. Norris
| Decision Date | 03 May 2007 |
| Docket Number | No. 06-829.,06-829. |
| Citation | 369 Ark. 511,256 S.W.3d 483 |
| Court | Arkansas Supreme Court |
| Parties | Melvin DUKES, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee. |
Mike Beebe, Att'y Gen., by: Christopher R. Hart, Ass't Att'y Gen., for appellee.
Appellant Melvin Dukes, an inmate incarcerated in the Arkansas Department of Correction ("ADC"), filed a pro se petition for declaratory judgment and writ of mandamus in Jefferson County Circuit Court on November 2, 2005. Appellant filed an amended petition on December 12, 2005. Appellee Larry Norris, Director of the ADC, filed a response and motion to dismiss after the petition was filed, and again after the amended petition was filed. Appellant filed a response to the second motion to dismiss. Taking these pleadings into consideration, the circuit court denied the petition, finding that appellant had not stated facts or advanced evidence to support his claim, dismissing under Ark. R. Civ. P. 12(b)(6) with prejudice and holding the dismissal a strike for purposes of Ark. Code Ann. § 16-68-607 (Repl.2005). Appellant now brings this appeal of that order.
In his petition, appellant asserted that the ADC had failed to follow its own regulations, specifically an administrative directive that he attached to his petition concerning meritorious furloughs. He contended that the ADC has not purchased electronic monitoring devices as required by the administrative directive so that inmates who qualify for meritorious furlough and who are serving life sentences may go on furlough as provided by the directive. Appellant claimed that he qualified for furlough under the directive, but, because he is serving a life sentence, he has been denied furlough. He asserts that he was denied equal protection and an adequate and meaningful review of his petition for meritorious furlough.
Appellant requested relief through a declaratory judgment holding that the ADC is required by the directive to purchase the electronic monitoring devices and provide inmates with life sentences who qualify an opportunity for meritorious furlough. Appellant further requested a holding that appellant has a liberty interest in the meritorious furlough program, that appellee has failed to adopt adequate rules in compliance with the Administrative Procedure Act, and that appellee is required to provide a meaningful and adequate process to petition for meritorious furlough and appellate review. Appellant additionally requested that the court issue a writ of mandamus that would order appellee to enforce those holdings requested by appellant, compelling compliance with the holdings by adoption and implementation of compliant regulations and by provision of adequate and meaningful review of appellant's petition for meritorious furlough. Appellant further requested the writ to compel appellee to make electronic monitoring devices available, and to suspend all meritorious furloughs until the devices are available.
Appellee contends that declaratory judgment is not proper because the directive does not require the purchase of the equipment, that it merely creates special conditions for inmates serving life sentences, and that the requested relief would not terminate the controversy. Appellee claims that the trial court did not err in dismissing the request for a writ of mandamus because decisions for meritorious furlough are within the discretion of the ADC, that appellant has no right to meritorious furlough and declaratory judgment, as otherwise argued, is not appropriate.
In reviewing a court's decision on a motion to dismiss, we treat the facts alleged in the complaint as true and view them in a light most favorable to the plaintiff. Rhuland v. Fahr, 356 Ark. 382, 155 S.W.3d 2 (2004). In testing the sufficiency of a complaint on a motion to dismiss, all reasonable inferences must be resolved in favor of the complaint, and all pleadings are to be liberally construed. Id. A trial judge must look only to the allegations in the complaint to decide a motion to dismiss. Fuqua v. Flowers, 341 Ark. 901, 20 S.W.3d 388 (2000).
Treating the facts alleged in the petition as true, we therefore determine first whether appellant stated facts sufficient to support a cause of action for declaratory judgment. This court has said that declaratory relief lies where four requisite conditions are met, as follows: (1) there is a justiciable controversy; (2) it exists between parties with adverse interests; (3) those seeking relief have a legal interest in the controversy; (4) the issues involved are ripe for decision. Jegley v. Picado, 349 Ark. 600, 80 S.W.3d 332 (2002). On appeal, the question as to whether there was a complete absence of a justiciable issue shall be reviewed de novo on the record of the trial court. Id. at 611, 80 S.W.3d at 336.
The basis for appellant's claim is that the ADC has failed to follow a requirement to purchase electronic monitoring devices under its directive. Appellee contends that no such requirement is articulated in the directive, that any grant of meritorious furlough is completely within the ADC's discretion, and appellant's claim therefore fails. Appellee apparently is, in essence, arguing that there is no justiciable controversy. Appellee further argues that the requested relief would not terminate the controversy.
Appellant contends that but for the lack of monitoring equipment, he has otherwise qualified for meritorious furlough, and although he does not request that the court provide a declaration to the effect that he is qualified, he requests that the court establish whether the ADC is required to purchase the equipment so that his qualifications may be evaluated in accordance with what appellant asserts is the proper interpretation of the directive. His argument, however, presupposes a faulty assumption — that he and other inmates serving life sentences qualify under the directive.
We agree with appellee that the requested relief would not settle the controversy in this case because the directive is clearly subject to the ADC's discretion and simply does not require the purchase of the equipment. The policy announced at the beginning of the directive states, "It shall be the policy of the Department of Correction to grant meritorious furloughs pursuant to established requirements and conditions for approved...
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...Additionally, as with statutes, we presume the validity and constitutionality of an agency's rules and regulations. Dukes v. Norris , 369 Ark. 511, 256 S.W.3d 483 (2007). This presumption places the burden of proof on the party challenging the rule. Ark. Dep't of Corr. v. Bailey , 368 Ark. ......
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...establishing a right to declaratory judgment, appellant provides no basis for a writ of mandamus to issue. See Dukes v. Norris, 369 Ark. 511, 256 S.W.3d 483 (2007) (per curiam). This court has held that declaratory relief lies where four requisite conditions are met: (1) there is a justicia......
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...purpose for which the classification is made, and that their treatment be not so disparate as to be arbitrary. Dukes v. Norris, 369 Ark. 511, 256 S.W.3d 483 (2007) (per curiam). As to appellant's claim that an equal-protection violation has occurred based on the absence of an Incentive Leve......
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