Cited by
Opinions in Louisiana that cite State v. Lashley, 140 So. 2d 5.
- McKeller v. Louisiana State University, Physical Plant 461 So. 2d 585 La. Ct. App. 1st Cir. 1984
- Leteff v. Department of Corrections, Headquarters 462 So. 2d 254 La. Ct. App. 1st Cir. 1984
- Sutherland v. Board of Com'rs 459 So. 2d 1282 La. Ct. App. 1st Cir. 1984
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Bosarge v. New Orleans Street Dept.
459 So. 2d 693
La. Ct. App. 4th Cir. 1984
927 , Dent v. Department of Corrections, supra .
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Morgan v. Chief Administrative Office
455 So. 2d 1242
La. Ct. App. 4th Cir. 1984
927 , (1962) held legal cause for disciplinary action to exist when the facts found by the Commission disclose that the conduct of the employee impairs the efficiency of the public service.
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Lambert v. Department of Corrections, Louisiana Correctional & Industrial School
451 So. 2d 1340
La. Ct. App. 1st Cir. 1984
927 , (1962)), the burden of proving that the action taken against the disciplined employee was proper and warranted falls on the appointing authority.” Dent v. Department of Corrections, Louisiana Correctional Institute for Women, (La.App.
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Walters v. Dept. of Police of New Orleans
454 So. 2d 106
La. 1984
927 , (1962); Brickman v. New Orleans Aviation Board, 236 La.
- Bruno v. Department of Police 451 So. 2d 1082 La. Ct. App. 4th Cir. 1984
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Dept. of Corrections v. Murray
439 So. 2d 484
La. Ct. App. 1st Cir. 1983
927 , (1962); Dent v. Department of Corrections, Louisiana Correctional Institute for Women, (La.App.
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City of Kenner v. Pritchett
432 So. 2d 971
La. Ct. App. 5th Cir. 1983
927 , (1962) is as follows: "Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service."
- Jones v. Dept. of Health & Human Resources 430 So. 2d 1203 La. Ct. App. 1st Cir. 1983
- Viator v. City of New Iberia 428 So. 2d 1329 La. Ct. App. 3d Cir. 1983
- Linton v. Bossier City Mun. Fire & Pol. Bd. 428 So. 2d 515 La. Ct. App. 2d Cir. 1983
- Newman v. Department of Fire 425 So. 2d 753 La. 1983
- Picton v. Sewerage & Water Board 423 So. 2d 1284 La. Ct. App. 1st Cir. 1982
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Reboul v. Department of Police
420 So. 2d 491
La. Ct. App. 4th Cir. 1982
927 , (1962) at p. 9 as follows: "Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service."
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Dent v. DEPT. OF CORRECTIONS, ETC.
413 So. 2d 920
La. Ct. App. 1st Cir. 1982
927 , (1962), the burden of proving that the action taken against the disciplined employee was proper and warranted falls on the appointing authority.
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Dumez v. HOUMA MUN. FIRE & POLICE CIV. SERV.
408 So. 2d 403
La. Ct. App. 1st Cir. 1981
927 , (1962), as follows: "Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
- Portis v. Department of Corrections, Hunt Correctional Center 407 So. 2d 435 La. Ct. App. 1st Cir. 1981
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Department of Public Safety v. Rigby
401 So. 2d 1017
La. Ct. App. 1st Cir. 1981
927 , (1962), the burden of proving that the action taken against the disciplined employee was proper and warranted falls on the appointing authority.
- Ryder v. Dept. of Health & Human Resources 400 So. 2d 1123 La. Ct. App. 1st Cir. 1981
- Thornton v. DHHR 394 So. 2d 1269 La. Ct. App. 1st Cir. 1981
- McIntosh v. MONROE MUN. FIRE, ETC. 389 So. 2d 410 La. Ct. App. 2d Cir. 1980
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White v. City of Winnfield Fire Dept.
384 So. 2d 471
La. Ct. App. 2d Cir. 1980
927 , (1962), wherein the supreme court was reviewing the action of the State Civil Service Commission and there defines cause as follows: "Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
- Petrus v. Guin 378 So. 2d 1016 La. Ct. App. 2d Cir. 1979
- Stiles v. DEPT. OF PUB. SAF., DRIVERS'LIC. DIV. 361 So. 2d 267 La. Ct. App. 1st Cir. 1978
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Johnson v. Department of Finance
354 So. 2d 766
La. Ct. App. 1st Cir. 1978
927 , ; Mauboules v. Louisiana Wild Life & Fisheries Com’n., La.App., ; Bennett v. Division of Administration, La.App., ; Biggio v. Department of Safety and Permits, La.App., .
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Goudeau v. Department of Public Safety, Division of State Police
349 So. 2d 887
La. Ct. App. 1st Cir. 1977
927 , (1962), the court said: *889 "Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
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Patrick v. LAKE CHARLES MUN. FIRE & POLICE CIVIL SERVICE BD.
344 So. 2d 1121
La. Ct. App. 3d Cir. 1977
927 , (1962) stated: "`Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
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Rodriguez v. BD. OF COM'RS, PORT OF NEW ORLEANS
344 So. 2d 436
La. Ct. App. 1st Cir. 1977
(1962); and, Brickman v. New Orleans Aviation Board, 236 La.
- In the Matter of Geiger 337 So. 2d 549 La. Ct. App. 2d Cir. 1976
- Hamlett v. DIVISION OF MENTAL HEALTH, ETC. 325 So. 2d 696 La. Ct. App. 1st Cir. 1976
- Mauboules v. Louisiana Wild Life & Fisheries Commission 312 So. 2d 899 La. Ct. App. 1st Cir. 1975
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Overruled
Bennett v. Division of Administration
307 So. 2d 118
La. Ct. App. 1st Cir. 1975
927 , (1962), and the rule was announced that if there is any evidence before the Commission from which a conclusion can be drawn that the employee's conduct is prejudicial to the Service, the Commission's ruling will not be disturbed.
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Pendley v. Louisiana Division of Administration
303 So. 2d 544
La. Ct. App. 1st Cir. 1974
927 , , the Supreme Court expressly overruled its holding in Brickman v. Orleans Aviation Board, above, relative to the question of appellate review of the Commission’s finding of fact.
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Biggio v. Department of Safety and Permits
299 So. 2d 504
La. Ct. App. 4th Cir. 1974
927 , , the Supreme Court set forth the principle that in Civil Service cases the appellate courts are called upon to answer only questions of law, and the decisions of the Civil Service Commission are final on the facts.
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Courtney v. Louisiana Department of Highways
282 So. 2d 721
La. Ct. App. 1st Cir. 1973
927 , (1962); (1st La.App.1970).
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Hoover v. Department of Finance
283 So. 2d 298
La. Ct. App. 4th Cir. 1973
927 , (1962) where it says: "Under the Constitution of this state, Article 14, Section 15(O)(1), the decision of the Civil Service Commission is final on the facts, and appeals may be granted to the courts on questions of law alone.
- Newbrough v. State Department of Highways 280 So. 2d 646 La. Ct. App. 1st Cir. 1973
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Morris v. State Department of Highways
274 So. 2d 924
La. Ct. App. 1st Cir. 1973
927 , (1962) where the authority *927 of the commission was described as follows: "(4) It is the duty and function of the commission to determine from the facts whether there exists a substantial relation between the employee's conduct and the efficient operation of the public service, and it is well settled in the jurispru
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Bland v. City of Houma
264 So. 2d 729
La. Ct. App. 1st Cir. 1972
927 , , the Supreme Court recognized the principle announced in Brickman hut acknowledged its error in that case in failing to ‘follow the principle of law that if there is any evidence before the commission from which a conclusion can be drawn that the employee’s conduct is prejudicial to the service, the commission’s ruli
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Jones v. Louisiana Department of Highways
250 So. 2d 356
La. 1971
927 , , 9: “Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
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Jones v. Louisiana Department of Highways
237 So. 2d 916
La. Ct. App. 1st Cir. 1970
927 , : “Under this mandate it is the duty of the courts to accept the findings of fact made by the commission and to determine whether under such facts there exists legal cause for disciplinary action, for the Constitution, Article 14, Section 15 (N) (1), also provides that no person in the classified service who has acqui
- Suire v. Louisiana State Board of Cosmetology 224 So. 2d 7 La. Ct. App. 1st Cir. 1969
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Robbins v. New Orleans Public Library
208 So. 2d 25
La. Ct. App. 4th Cir. 1968
927 , ; Brickman v. New Orleans Aviation Board, supra; Smith v. Louisiana State Board of Health, La.App., ; Speegle v. State Department of Institutions, La.App., ; Drake v. Department of Health, La.App., 188 So.
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Smith v. Louisiana State Board of Health
201 So. 2d 14
La. Ct. App. 1st Cir. 1967
927 , , the Supreme Court adhered to the strict rule announced by us in Gremillion v. Dept. of Hwys., supra: "Under these provisions of the Constitution the courts may not inquire into the *19 sufficiency of the evidence to ascertain whether the commission was correct in its finding of fact, and if there is any evidence
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Johnson v. State Parks & Recreation Commission
198 So. 2d 180
La. Ct. App. 3d Cir. 1967
927 , (1962), a case relied on by appellant, contains the following language : “Legal cause for disciplinary action exists if the facts found by the commission disclose that the conduct of the employee impairs the efficiency of the public service.
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Paternostro v. New Orleans Police Department
159 So. 2d 714
La. Ct. App. 1st Cir. 1964
927 , , wherein the Supreme Court held: “It is the duty and function of the commission to determine from the facts' whether there exists a substantial relation between the employee’s conduct and the efficient operation of the public service, and it is well settled in the jurisprudence that in civil service cases if there is
- Foster v. Department of Public Welfare 159 So. 2d 515 La. Ct. App. 1st Cir. 1963
- Barnes v. Department of Highways 154 So. 2d 255 La. Ct. App. 1st Cir. 1963