Professor Ken M. Levy v. Board Of Supervisors Of Louisiana State University And A&M College

Opinion

COURT OF APPEAL, FIRST CIRCUIT

PROFESSOR KEN M. LEVY NO. 2025 CW 0125

VERSUS

BOARD OF SUPERVISORS OF FEBRUARY 4, 2025 LOUISIANA STATE UNIVERSITY AND A& M COLLEGE

In Re: Board of Supervisors of Louisiana State University and A& M College, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 758368.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY, 1 JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district court' s January 30, 2025 temporary restraining order is vacated in part.

A temporary restraining order, when in mandatory form and commands the doing of something, may not issue without a full evidentiary hearing and should not issue on an ex parte application. Bollinger Mach. Shop and Shipyard, Inc. v. U. S. Marine, Inc., 91- 0989 ( La. App. 4th Cir. 2/ 25/ 92), 595 So. 2d 756, writ denied, 600 So. 2d 643 La. 1992). See also Deshotels v. White, 2016- 0889 ( La. lst App.

Cir. 8/ 16/ 17), 226 So. 3d 1211, 1218, writ denied, 2017- 1565 ( La. 12/ 5/ 17), 231 So. 3d 628. The order issued by the district court herein contains both mandatory and prohibitive orders.

Accordingly, the mandatory portion temporary restraining of the

order which orders the immediate reinstatement of plaintiff to his position and teaching responsibilities is vacated. The writ is denied in all other respects.

ARP TPS CAC

COURT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT FOR THE COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.