Jones v. Department of Police

Louisiana Court of Appeal

Jones v. Department of Police

269 So. 2d 273, 1972 La. App. LEXIS 5837

CourtLouisiana Court of Appeal

DecidedNovember 10, 1972

DocketNo. 5400

StatusPublished

Cited by1 cases

This text of 269 So. 2d 273 (Jones v. Department of Police) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Department of Police, 269 So. 2d 273, 1972 La. App. LEXIS 5837 (La. Ct. App. 1972).

Pincite

Opinion

REDMANN, Judge.

Plaintiff police patrolmen appeal from the rejection by the New Orleans Civil Service Commission of their demand for promotion to vacant field sergeant positions which the Department superintendent has declined to fill from a three-year-old eligibility list. Plaintiffs are the 23 highest-ranked remaining persons on the list (47 promotions having earlier occurred) ; there are 20 vacancies which have more recently occurred.

In all material respects we find this litigation identical in principle with Blake v. Giarrusso, 263 So.2d 392 (La.App., 1972) writ refused 262 La. 1154, 266 So.2d 442. There, rejecting a similar claim by lieutenants seeking captaincies, we held the superintendent has no mandatory duty to fill vacancies by promotion from an earlier-established list of eligibles. As also pointed out in Blake, under Const, art. 14 § 15 subd. (0) (1), “The decision of the [appropriate Civil Service] Commission [shall be] final on the facts * * * ” and not subject to appellate review.

The commission’s decision is affirmed.

Affirmed

Free access — add to your briefcase to read the full text and ask questions with AI

REDMANN, Judge.

Plaintiff police patrolmen appeal from the rejection by the New Orleans Civil Service Commission of their demand for promotion to vacant field sergeant positions which the Department superintendent has declined to fill from a three-year-old eligibility list. Plaintiffs are the 23 highest-ranked remaining persons on the list (47 promotions having earlier occurred) ; there are 20 vacancies which have more recently occurred.

In all material respects we find this litigation identical in principle with Blake v. Giarrusso, 263 So.2d 392 (La.App., 1972) writ refused 262 La. 1154, 266 So.2d 442. There, rejecting a similar claim by lieutenants seeking captaincies, we held the superintendent has no mandatory duty to fill vacancies by promotion from an earlier-established list of eligibles. As also pointed out in Blake, under Const, art. 14 § 15 subd. (0) (1), “The decision of the [appropriate Civil Service] Commission [shall be] final on the facts * * * ” and not subject to appellate review.

The commission’s decision is affirmed.

Affirmed

Cite This Page — Counsel Stack

Bluebook (online)

269 So. 2d 273, 1972 La. App. LEXIS 5837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-department-of-police-lactapp-1972.

Opinion

Related

Cite This Page — Counsel Stack