Westmoreland v. Louisiana Department of Health & Hospitals

Louisiana Court of Appeal

Westmoreland v. Louisiana Department of Health & Hospitals

735 So. 2d 944, 99 La.App. 3 Cir. 651, 1999 La. App. LEXIS 1710, 1999 WL 346595

Louisiana Court of Appeal·Decided June 1, 1999·No. No. 99-651·Published·Cited by 2 cases

Opinion

WRIT DENIED: There is no error in the trial court’s ruling. Although we are aware of this court’s opinion in Myers v. Ivey, 93-1166 (La.App. 3 Cir. 4/6/94); 635 So.2d 632, we choose not to follow Myers, supra. The plaintiff in this case is not attempting to circumvent the exclusive jurisdiction of the civil service commission as he has pursued his remedies with the commission. Although the allegedly tortious conduct of defendants is connected to the disciplinary action taken against plaintiff, the instant suit seeks damages for the tort of defamation which is not within the jurisdiction of the civil service commission.

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WRIT DENIED: There is no error in the trial court’s ruling. Although we are aware of this court’s opinion in Myers v. Ivey, 93-1166 (La.App. 3 Cir. 4/6/94); 635 So.2d 632, we choose not to follow Myers, supra. The plaintiff in this case is not attempting to circumvent the exclusive jurisdiction of the civil service commission as he has pursued his remedies with the commission. Although the allegedly tortious conduct of defendants is connected to the disciplinary action taken against plaintiff, the instant suit seeks damages for the tort of defamation which is not within the jurisdiction of the civil service commission.

Westmoreland v. Louisiana Department of Health & Hospitals, 735 So. 2d 944, 99 La.App. 3 Cir. 651, 1999 La. App. LEXIS 1710, 1999 WL 346595 (La. Ct. App. 1999).

Pincite

735 So. 2d 944 (Westmoreland v. Louisiana Department of Health & Hospitals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Todd Huval and Chad Boyer v. State of Louisiana Through the Department of Public Safety and Corrections, Office of State Police, Master Trooper Hal Hutchinson, Individually, and in His Official Capacity as an Employee of the Office of State Police, Lieutenant Rhett Trahan, Individually, and in His Official Capacity as an Employee of the Office of State Police, Investigator Buzzy Trahan, Individually, and in His Official Capacity as an Employee of the Office of State Police, Lieutenant Kevin Devall, Individually, and in His Official Capacity as an Employee of the Office of State Police, Investigator Bart Morris, Individually, and in His Official Capacity as an Employee of the Office of State Police, Investigator Hampton Guillory, Individually, and in His Official Capacity as an Employee of the Office of State Police, and Lt. Colonel Stanley Griffin, Individually, and in His Official Capacity as an Employee of the Office of State Police

222 So. 3d 665 (Supreme Court of Louisiana, 2017)

Opinion

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