Cited by
Opinions in Louisiana that cite Walters v. Dept. of Police of New Orleans, 454 So. 2d 106.
- Flowers v. Dept. of Revenue and Taxation 507 So. 2d 240 La. Ct. App. 1st Cir. 1987
- Juneau v. Louisiana Board of Elementary & Secondary Education ex rel. Louisiana Special Education Center 506 So. 2d 756 La. Ct. App. 1st Cir. 1987
- Juneau v. BD. OF ELEM. SECONDARY ED. 506 So. 2d 756 La. Ct. App. 1st Cir. 1987
- Verret v. Department of Recreation 499 So. 2d 410 La. Ct. App. 1st Cir. 1986
- Brumfield v. Department of Transportation & Development 498 So. 2d 153 La. Ct. App. 1st Cir. 1986
- Roby v. Department of Finance 496 So. 2d 1096 La. Ct. App. 1st Cir. 1986
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Taylor v. Department of Health & Human Resources
491 So. 2d 752
La. Ct. App. 1st Cir. 1986
PENALTY The Louisiana Supreme Court has stated: “A reviewing court should not reverse a commission conclusion as to the existence or absence of cause for dismissal unless the decision is arbitrary, capricious or an abuse of the commission’s discretion.”
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Verneuil v. Sewerage & Water Board of New Orleans
485 So. 2d 636
La. Ct. App. 1st Cir. 1986
In addition there is recent jurisprudence that points out “[wjhen hearings were conducted before a hearing examiner, courts have applied a less restrictive standard of review and have made an independent review of the record to determine whether the Commission was arbitrary, capricious or manifestly wrong.”
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Harper v. LA. STATE BD. OF NURSING
484 So. 2d 857
La. Ct. App. 1st Cir. 1986
49:964G(5) and (6); (La.App.
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Serpas v. New Orleans Police Department
483 So. 2d 1259
La. Ct. App. 1st Cir. 1986
It further stated, “[wjhile the suspension may seem to be of unusual length, appellant was responsible for approximately six months of this due to continuances which he requested.” The guidelines for judging the Commission’s
- Ziegler v. Department of Fire 478 So. 2d 1357 La. Ct. App. 1st Cir. 1985
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Nicholas v. Housing Authority of New Orleans
477 So. 2d 1187
La. Ct. App. 1st Cir. 1985
Walters Department of Police of the City of New Orleans
- Hubbard v. Department of Finance 474 So. 2d 458 La. Ct. App. 1st Cir. 1985
- Fernandez v. Department of Police 474 So. 2d 468 La. Ct. App. 1st Cir. 1985
- Robinson v. New Orleans Police Department 474 So. 2d 495 La. Ct. App. 1st Cir. 1985
- Curtis v. Sewerage & Water Board 474 So. 2d 498 La. Ct. App. 1st Cir. 1985
- Guillory v. DEPARTMENT OF TRANSP. & DEVELOPMENT, DIV. 475 So. 2d 368 La. Ct. App. 1st Cir. 1985
- Rodriguez v. Department of Sanitation 471 So. 2d 316 La. Ct. App. 1st Cir. 1985
- McStravick v. DEPT. OF REVENUE & TAX. 470 So. 2d 518 La. Ct. App. 1st Cir. 1985
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Department of Corrections, Louisiana State Penitentiary v. Freeman
470 So. 2d 962
La. Ct. App. 1st Cir. 1985
The Louisiana Supreme Court granted writs herein, , (La.1984), our prior opinion affirming the demotion of Billy W. Freeman, which demotion was ordered by the appointing authority of the Department of Corrections, and thereafter set aside by the State Civil Service Commission.
- Boozer v. Dept. of Health & Human Resources 470 So. 2d 490 La. Ct. App. 1st Cir. 1985
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Department of Corrections, Hunt Correctional Center v. Morgan
469 So. 2d 13
La. Ct. App. 1st Cir. 1985
The Loúisiana Supreme Court granted writs in this case
- Malone v. Dept. of Corr., La. Training Inst. 468 So. 2d 839 La. Ct. App. 1st Cir. 1985
- Lombas v. Department of Police 467 So. 2d 1273 La. Ct. App. 4th Cir. 1985
- Bruno v. Department of Police 462 So. 2d 139 La. 1985
- Cartwright v. DEPT. OF REVENUE AND TAXATION 460 So. 2d 1066 La. Ct. App. 1st Cir. 1984
- Bosarge v. New Orleans Street Dept. 459 So. 2d 693 La. Ct. App. 4th Cir. 1984
- Howard v. Housing Authority of New Orleans 457 So. 2d 834 La. Ct. App. 1st Cir. 1984
- Department of Corrections, Louisiana State Penitentiary v. Freeman 456 So. 2d 163 La. 1984
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Department of Corrections, Hunt Correctional Center v. Morgan
456 So. 2d 163
La. 1984
The judgment of the Court of Appeal is set aside, and the case is remanded to the Court of Appeal for reconsideration in the light of the standard of review enunciated in Walters v. Department of Police
- Morgan v. Chief Administrative Office 455 So. 2d 1242 La. Ct. App. 4th Cir. 1984
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Maumus v. Dept. of Police, New Orleans
457 So. 2d 37
La. Ct. App. 4th Cir. 1984
A reviewing court must affirm a civil service commission's factual findings unless clearly wrong, and affirm the commission's conclusions on the existence of legal cause and its commensurateness with the penalty imposed, unless "arbitrary, capricious, or characterized by abuse of discretion,"
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Thomas v. Department of Welfare
454 So. 2d 839
La. Ct. App. 1st Cir. 1984
“In judging the commission’s exercise of its discretion in determining whether the disciplinary action is based on legal cause and the punishment is commensurate with the infraction, the court should not modify the commission’s order unless it is arbitrary, capricious or characterized by abuse of discretion.”