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Seaman v. City of Leesville

Supreme Court of Louisiana
May 10, 1996
672 So. 2d 914 (La. 1996)

Opinion

No. 96-C-0884

May 10, 1996

IN RE: Leesville City of; — Defendant(s); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Third Circuit, Number CA95-0587; Parish of Vernon 30th Judicial District Court Div. "B" Number 49,133


Writ granted. The Court of Appeal erred in concluding that the City failed to provide adequate due process to its employee. The purpose of LSA-R.S. 33:2560(D), requiring written notification of termination with reasons for the discharge, is to afford due process to the employee so that he can know with reasonable particularity the facts and circumstances he or she might be called upon to rebut in case the employer makes out a prima facia case. Powell v. City of Winnfield Fire Police Civ. Serv. Bd, 370 So.2d 109 (La.App. 2 Cir. 1979). The evidence reveals that the plaintiff previously received this notification in the pretermination letter sent to the plaintiff on January 5, 1990. Accordingly, the decision of the Leesville Municipal Fire and Police Civil Service Board, upholding the City of Leesville's decision to dismiss the plaintiff, is reinstated.

JCW

WFM

HTL

BJJ

JPV

CALOGERO, C.J. would deny the writ.

KIMBALL, J. not on panel.

BLEICH, J. would deny the writ.


Summaries of

Seaman v. City of Leesville

Supreme Court of Louisiana
May 10, 1996
672 So. 2d 914 (La. 1996)
Case details for

Seaman v. City of Leesville

Case Details

Full title:JAMES SEAMAN vs. CITY OF LEESVILLE

Court:Supreme Court of Louisiana

Date published: May 10, 1996

Citations

672 So. 2d 914 (La. 1996)

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