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

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.