Professor Ken M. Levy v. Board of Supervisors of Louisiana State University and A&M College

PROFESSOR KEN M. LEVY NO. 2025 CW 0168

VERSUS

BOARD OF SUPERVISORS OF
LOUISIANA STATE UNIVERSITY

AND A& M COLLEGE PPE) 077-
- I'MANT1 rew

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: McCLENDON, C. J., LANIER AND BALFOUR, JJ.

STAY LIFTED; WRIT GRANTED. The portion of the district
court' s February 18, 2025 order which denied the exception of

unauthorized use of summary proceedings filed by defendant, Board

of Supervisors of Louisiana State University and A& M College
LSU"), is reversed. A mandatory injunction is so named because
it commands the doing of some action. A mandatory preliminary
injunction may not be issued unless the party seeking the
injunction proves by a preponderance of the evidence at a full
trial on the merits in which the taking of evidence is not limited
that he is entitled to the injunction. Given that mandatory
injunctions and prohibitory injunctions have different procedural
rules and evidentiary burdens, as a matter of law, it is not

possible to issue a mandatory preliminary injunction. Deshotels
v. White, 2016- 0889 ( La. App. lst Cir. 8/ 16/ 17), 226 So. 3d 1211,
1218, writ denied, 2017- 1565 ( La. 12/ 5/ 17), 231 So. 3d 628.
According to the court minutes, the district court ordered that

the temporary restraining order issued on January 30, 2025 be re -
implemented. That order provided that LSU was ordered to

immediately reinstate plaintiff to his position and teaching
responsibilities. Such an order constitutes a mandatory
injunction, and as stated above, the issuance of a mandatory
preliminary injunction is improper. Accordingly, the exception of
unauthorized use of a summary proceeding is granted, and the

portion of the district court' s ruling which ordered the issuance
of mandatory preliminary injunctive relief ordering LSU to

immediately reinstate plaintiff to his position and teaching
responsibilities is reversed.

PMC
WIL
KEB

COURT OF APPEAL, FIRST CIRCUIT

li DEPUTY ' CLE& K
W OF COURT
FOR THE COURT