Bill > HB193

This bill modifies Louisiana law regarding lawsuit procedures for incarcerated individuals by establishing more specific rules about filing legal claims. The bill requires prisoners to exhaust all available administrative remedies before filing a lawsuit under state law, and provides clear guidelines for how courts should handle such suits. If a prisoner files a lawsuit before completing administrative remedies, the court must dismiss the suit, with important distinctions about the dismissal: if administrative remedies are ongoing, the suit will be dismissed without prejudice (meaning the prisoner can potentially refile), but if the prisoner fails to timely initiate or pursue administrative remedies within established deadlines, the suit will be dismissed with prejudice (permanently barring the claim). Additionally, the bill allows defendants to raise the issue of non-exhausted administrative remedies through a dilatory exception, which is a legal procedural mechanism to challenge a lawsuit's validity. Importantly, a dismissal for failure to exhaust administrative remedies will not interrupt the legal prescription (statute of limitations) period, preserving the prisoner's potential future right to file a claim.