Opinion
NO. 2016 CW 1606
04-03-2017
JOHN H. DANNA, JR. v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
In Re: State of Louisiana, through the Department of Transportation and Development, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 601179. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.
WRIT GRANTED. The district court's December 5, 2016 judgment is reversed insofar as it overrules relator's declinatory exception raising the objection of the district court's lack of jurisdiction over the subject matter of the plaintiff's action. Pursuant to La. Const. art. X, § 12(A), the state Civil Service Commission shall have exclusive power and authority to hear and decide all removal and disciplinary cases. The plaintiff's action arises from a Civil Service Commission disciplinary and removal matter. Accordingly, judgment is hereby rendered holding that the district court lacks jurisdiction over the subject matter of the plaintiff's action and dismissing the plaintiff's action with prejudice. Our finding that the district court lacks subject matter jurisdiction pretermits our review of the district court's ruling on relator's peremptory exception raising the objection of no cause of action.
VGW
JMG
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT