Westmoreland v. Louisiana Department of Health & Hospitals
Westmoreland v. Louisiana Department of Health & Hospitals, 735 So. 2d 944 (La. Ct. App. 1st Cir. 1999).
Cited by
Criticized in 1
- Frank Scurlock v. Kurt Heitmeier, Robert Heitmeier and Eustis Insurance, Inc. La. Ct. App. 4th Cir. 2025
- Todd Huval and Chad Boyer v. State of Louisiana Through the Department of Public … 222 So. 3d 665 La. 2017
Authorities cited
Identified automatically; this list may not be exhaustive.
- Myers v. Ivey 635 So. 2d 632
Opinion text
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.