Labrosse v. St. Bernard Parish School Bd.

483 So. 2d 1253, 31 Educ. L. Rep. 319
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1986
DocketCA-3800
StatusPublished
Cited by3 cases

This text of 483 So. 2d 1253 (Labrosse v. St. Bernard Parish School Bd.) 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
Labrosse v. St. Bernard Parish School Bd., 483 So. 2d 1253, 31 Educ. L. Rep. 319 (La. Ct. App. 1986).

Opinion

483 So.2d 1253 (1986)

Bradley R. LABROSSE, Sr., Individually and on Behalf of his Minor Son, Bradley R. Labrosse, Jr.
v.
ST. BERNARD PARISH SCHOOL BOARD.

No. CA-3800.

Court of Appeal of Louisiana, Fourth Circuit.

February 14, 1986.

*1254 John F. Rowley, Dist. Atty., William P. Schuler, Asst. Dist. Atty., Chalmette, for defendants/appellants.

Sidney D. Torres, III, Chalmette, for plaintiff/appellee.

Before GULOTTA, BYRNES and LOBRANO, JJ.

*1255 LOBRANO, Judge.

This appeal arises from a judgment of the Thirty Fourth Judicial District Court for the Parish of St. Bernard reversing the St. Bernard Parish School Board's order expelling Bradley R. Labrosse, Jr. from St. Bernard High School and all other public schools in the Parish of St. Bernard.

On January 24, 1985, Bradley R. Labrosse, Jr., (Labrosse) was arrested and charged with possession of marijuana. That arrest followed an undercover investigation into drug abuse in the public high schools of St. Bernard Parish. The investigation was carried out between August of 1984 and November of 1984 by Chuck Loescher (Loescher), undercover agent for the St. Bernard Parish Sheriff's Office. Loescher was placed in St. Bernard High School disguised as a student.

On January 24, 1985, as a result of Loescher's investigation, warrants were executed charging several students with criminal activity relating to narcotics. Labrosse was charged with possession of marijuana.

At the hearing before the St. Bernard Parish School Board (the Board) relative to Labrosse's expulsion, Loescher testified to the following facts which led to the recommendation by Sam Bella (Bella), principal of St. Bernard High School, that Labrosse be expelled.

On October 29, 1984, during lunch time, Loescher approached a student named Gregg and asked if he could accompany him off-campus for lunch. Gregg responded that he (Loescher) would have to ask "Brad" (Labrosse). Loescher asked Labrosse and Labrosse replied in the affirmative. Loescher then suggested that they leave in his automobile. The boys directed Loescher to a privately owned trailer home located in the Little Gem Trailer Park a short distance from the campus. Loescher was told that the people inside the trailer would have to give their permission for him to enter. He dropped the two boys off at the trailer and went to a nearby telephone where he notified his supervisor of his whereabouts. He then returned to the trailer and was given permission to enter. Inside were Labrosse, Gregg and several other students as well as persons not attending or associated with the school system. Loescher testified that he smelled marijuana cigarette smoke and saw one of the other students light up what appeared to be a marijuana cigarette. This student took a "drag" off of the cigarette and then passed it to Loescher. Loescher pretended to take a "drag". Another student took it from Loescher, puffed it and then passed it to Labrosse. Labrosse puffed it and passed it to another person. This "round robin" procedure continued until the cigarette was almost burned out. Loescher extinguished the butt and hid it in his pocket to be used later as evidence.

Following Labrosse's arrest, school principal Bella met with Labrosse's parents on January 25, 1985 regarding the above described incident. Following this meeting, Bella sent a letter to Mr. and Mrs. Labrosse recommending that their son, Bradley R. Labrosse, Jr. be expelled from St. Bernard High School for possession of marijuana. The letter also informed them that they would be notified by the superintendent of School of the date and time that the hearing on this matter would be held. Several days later Mr. and Mrs. Labrosse received a letter from the Superintendent of School, Elizabeth A. Zimmerman, informing them that the hearing would be held on January 30, 1985 at 1:00 p.m.

The Superintendant's hearing was presided over by Mr. Charles Corne, designee of the Superintendant. Mr. Corne, after hearing the evidence, concurred with Bella's recommendation for expulsion.

From this decision, Labrosse, pursuant to LSA R.S. 17:416(C), requested a review by the St. Bernard Parish School Board. The Board hearing was held on February 11, 1985. After hearing the evidence and arguments of counsel, the Board voted to affirm the decision of the superintendant to expel Labrosse.

From this adverse ruling of the Board Labrosse petitioned the district court for *1256 injunctive relief and supervisory review of the Board's decision pursuant to LSA R.S. 17:416(C) and C.C.P. Art. 3601 et seq.

The district court found there was insufficient evidence to support the Board's decision. In its oral reasons for judgment, the trial court stated:

"The court has read all of the exhibits filed in evidence, L-1 through L-7 including the transcript that took place before the full School Board hearing, and the Court now addresses itself to 416 A. (1)(a) which states every teacher is authorized to hold every pupil to a strict countability for any disorderly conduct in school or in the street or road while going to or returning from school, or during intermission or recess. A school principal may suspend from school any pupil who—now, (I) through (V) just follows that first paragraph. Then, we come to the section at issue. That is (VI) uses tobacco, or who possesses alcoholic beverages, or any controlled dangerous substance governed by the uniform controlled dangerous substance law in any form, in school buildings, or school grounds, or on school busses owned by, contracted to, or jointly owned by any city or parish school board.
This Court is of the opinion that the Legislature in enacting the statute set forth the confines of tobacco, and alcoholic beverages and controlled dangerous substances governed by the uniform controlled dangerous substance law and specified the places, and the places are the school building, the school grounds, or the school busses.
The evidence reflects the undercover agent stated that Bradley Labrosse, seven others, including the undercover agent himself, left the school grounds on the day specified, went approximately a block away to a trailer in Little Gem Trailer Court, which is about directly across from the cafeteria of the school, and they went into a trailer.
Thereafter, the Court must hold that there was no use in a school building, a school ground or on any school bus. Nor, was it, I don't think, as it states in A(1)(a) on a road or street. They were in a private home, and secondly, there is absolutely no evidence in the record to show that the substance that Bradley Labrosse smoked was in fact marijuana.
Therefore, the preliminary injunction will issue against the School Board."

From this judgment the Board appeals asserting the following specification of error:

1) The trial court unnecessarily restricted the scope of LSA R.S. 17:416;
2) The trial court erred in holding there was no evidence to uphold the expulsion;
3) The trial court erred in substituting its opinion for that of the Board;
4) The trial court erred in not permitting hearsay evidence to establish the contents of the cigarette.

LSA R.S. 17:416(C) is the statutory authority under which the School Board is granted its power to review and either affirm, modify or reverse, based on "relevant" evidence in support thereof, the findings of the Superintendent of Schools or his designee.

LSA R.S.

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Bluebook (online)
483 So. 2d 1253, 31 Educ. L. Rep. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labrosse-v-st-bernard-parish-school-bd-lactapp-1986.