Opinion

Brickman v. New Orleans Aviation Board

  • 236 La. 143
  • 107 So. 2d 422
Court
Supreme Court of Louisiana
Filed
Dec 19, 1958
Status
Published
Author
Ponder
On the bench
Tate, Ponder, McCaleb, Hawthorne, Fournet
Cited by
46 cases

Overruled by Leggett v. Northwestern State College, 242 La. 927 (1962)

Later courts went against this

  • Overruled by Leggett v. Northwestern State College, 242 La. 927 (1962)

    Brickman was overruled in Leggett v. Northwestern State College, 242 La. 927, 140 So.2d 5 (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.
    Supreme Court of LouisianaMar 26, 1962medium confidenceRead it

The opinion

PONDER, Justice

(concurring).

In the original opinion handed down in this case we did not consider the sufficiency of the charges made by the appointing authority. On rehearing it has been strenuously urged that the charges were not sufficient to inform the employee of the acts complained of requiring disciplinary action. The written charges preferred by the appointing authority are in effect mere conclusions without stating the. facts upon which they are based. I do not think that the charges herein comply with our Constitution and therefore I concur in the decree. .

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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