Baskin v. Georgia Dep't of Corrections

The plaintiff was not required to follow the discretionary appeals procedures provided in the Prison Litigation Reform Act, since he was no longer a prisoner at the time he filed his renewed 42 USC § 1983 claim against a Georgia Department of Corrections employee.

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Randall L. Baskin appeals two orders dismissing his personal injury and civil rights claims against the Georgia Department of Corrections the Department and Gary Martin, an employee of the Department. We affirm the trial court’s dismissal of Baskin’s claims against the Department for failure to comply with the provisions of the Georgia Tort Claims Act, but we reverse the dismissal of Baskin’s 42 USC § 1983 claim against Martin for failure to exhaust his administrative remedies. 1. We first consider the appellees’ motion to dismiss the appeal.1 In a question of first impression, we must decide whether the requirement for discretionary application provided in the Prison Litigation Reform Act survives the dismissal and refiling of a civil action under OCGA § 9-2-61. Because the Georgia courts have repeatedly held that a renewal action under that Code section is an action de novo, we deny the motion to dismiss.

On June 11, 1999, Randall Baskin, while an inmate in the Montgomery Correctional Institution, suffered personal injuries allegedly due to the wrongful conduct of a Department employee. On June 6, 2001, shortly before expiration of the statute of limitation, Baskin filed suit in Montgomery County. On January 10, 2002, he dismissed his action without prejudice. On July 3, 2002, Baskin refiled his complaint as a renewal action. At that time, he was no longer a prisoner.

Baskin v. Georgia Dep't of Corrections

The plaintiff was not required to follow the discretionary appeals procedures provided in the Prison Litigation Reform Act, since he was no longer a prisoner at the time he filed his renewed 42 USC § 1983 claim against a Georgia Department of Corrections employee.

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