Wolfe v. Tilton
A state prison inmate, filed a civil action for injunctive relief and damages against employees of the Department of Corrections and Rehabilitation. The trial court struck the claim for damages because Wolfe failed to comply with the Tort Claims Act, and directed that the claim for injunctive relief be refiled as a petition for a writ of habeas corpus.
Appellant appeals, but does not challenge the order that his claim for injunctive relief be refiled as a petition for writ of habeas corpus. He simply asserts that the trial court erred in striking the claim for damages, and contends that the Department of Corrections and Rehabilitation violated his rights. Defendants move to dismiss the appeal, arguing it is from a nonappealable order or, in the alternative, it is untimely.
Court denied defendants’ motion to dismiss the appeal, and affirmed the trial court’s order.
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