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V. JUDGE:
COMPLAINT
(JURY TRIAL DEMANDED)
Plaintiff Paul Smith (“Smith”), through undersigned counsel, brings this complaint
against Defendants for federal Constitutional violations, state Constitutional violations, and
I. JURISDICTION
by Plaintiff include violations of 42 U.S.C. § 1983 and the Fifth and Fourteenth Amendments to
the United States Constitution. This Court has supplemental jurisdiction of all remaining claims
pursuant to 28 U.S.C. § 1367, including claims for violations of Article I, § 2 and Article X, §
II. PARTIES
2. Smith is an adult resident of Jefferson Parish who was employed by the Jefferson
Parish East Bank Consolidated Special Service Fire Protection District (“District”).
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 2 of 8
3. Jefferson Parish is a political subdivision of the State of Louisiana, which can sue
or be sued. It is the “governing authority” that has created and maintains the District.
maintained by operation of Louisiana law, La. R.S. 40:1491, et seq., and by ordinance adopted
by the Council of Jefferson Parish as a “special fire district,” which can sue or be sued.
5. Named defendant herein in his official and individual capacities is John Young.
Young is an adult resident of Jefferson Parish. Young is the Jefferson Parish President, a local
government official with final policymaking authority for Jefferson Parish. Young was acting
III. FACTS
6. This action seeks declaratory and injunctive relief pursuant to 42 U.S.C. § 1983
and state law from acts of the defendants against the plaintiff which deprived him of his
constitutional rights.
7. At all times relevant hereto, Paul Smith alleges that he had a property interest in
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 3 of 8
commenced on April 4, 2009 and was terminated on February 4, 2011. Smith’s position, Fire
Chief/Director of Fire, was a classified civil service position under Louisiana law.
9. The District has been, at material times, subject to the mandate of Article X,
Section 16 of the 1974 Louisiana Constitution and enabling legislation, La. R.S. 33:2531, et seq.,
obligating it to implement and administer a “classified service” among its paid fire service
employees, including its fire chief. R.S. 33:2471, et seq. mandated the District to establish a
classification plan for the employment, promotion and related conditions of employment among
its fire service employees, including its chief; to establish a fire civil service board to supervise
the classification plan; and most importantly, to hear and determine employee appeals after
disciplinary action taken by the District. In short, the District is constitutionally and statutorily
required to establish and maintain a fire civil service system for the benefit of its fire service
10. Jefferson Parish Council, by ordinance, created the position of Director of Fire.
Jefferson Parish Code of Ordinances § 2-211 of Part II, Chapter 2, Article V, Division 7.
Director of Fire is appointed by the parish president with the approval of the Jefferson Parish
Council. Id. at § 2-212. The Director of Fire performs the job duties of a Fire Chief, which is
required to be allocated to the classified service pursuant to La. R.S. 33:2541(A)(1). This official
policy deprives the Fire Chief of the benefits of civil service classification, in violation of
Louisiana law. Jefferson Parish, acting through its President and its Council, has unlawfully
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 4 of 8
remove civil service protection for Smith, Smith attained permanent classified status. “[A]
governmental employer’s failure to comply with Civil Service requirements does not preclude its
employees from obtaining permanent classified status.” Wallace v. Shreve Memorial Library, 97
11. Pursuant to the ordinance, an official policy of the Parish, Jefferson Parish
President John Young summarily terminated Smith’s employment on February 4, 2011. Young
gave Smith no explanation for the termination. Smith was terminated without notice and an
hearing.
13. Moreover, the defendant ignored the mandates of the Louisiana Fire Service
Employee Bill of Rights, La. R.S. 33:2181 et seq., which covered Smith’s employment as a “fire
employee,” by failing to inform him of any investigation into his status as a permanent classified
employee and by failing to provide him with the other due process protections under the Bill of
Rights.
14. Smith was not notified of or afforded any meaningful opportunity to appeal his
15. On February 14, 2011, Smith nevertheless attempted to appeal his termination to
the Jefferson Parish East Bank Consolidated Fire Protection District Civil Service Board.
16. The defendants have thus violated plaintiff’s Constitutional rights in the following
respects:
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 5 of 8
IV. CLAIMS
17. Defendants denied Smith Constitutional due process guaranteed him by operation
of the Fifth and Fourteenth Amendments of the United States Constitution, Article I, Section 2 of
the 1974 Louisiana Constitution and the Louisiana Fire Service Employees Bill of Rights when
he was terminated by the District on February 4, 2011 without notice, without any form of pre-
disciplinary process, and without affording him access to a civil service appeal. Smith was
for these Constitutional violations pursuant to 42 U.S.C. § 1983 and state law.
18. A public employee who has a property interest in his job cannot be fired without
due process of law. Bd. of Regents v. Roth, 408 U.S. 564, 576-78 (1972). A permanent
classified civil service employee has a protected property interest in his job in Louisiana.
heard, the due process clauses of both the United States and Louisiana Constitutions require
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 6 of 8
proceeding, these due process protections have been violated in this case.
20. Pursuant to an official policy of the local government body, Defendants Jefferson
Parish and Young (in his official capacity), deprived Smith of his property interest and liberty
This deprivation also violates the Louisiana Constitution and Louisiana law.
21. By terminating Smith’s employment, Defendants Jefferson Parish and Young (in
his official capacity), directly deprived Smith of his property and liberty interest in employment
without his pre-termination or post-termination Constitutional due process. This deprivation also
22. Defendants Jefferson Parish and Young (in his official capacity), acted with
deliberate indifference to the need for due process protections for the position of Fire Chief.
capacity), deprived Smith of his property and liberty interests in employment without pre-
termination or post-termination Constitutional due process rights. Young was acting under color
24. Defendant Young, in his official and individual capacities, acted under color of
State law to deprive Smith of his rights, privileges, and immunities secured by the United States
25. Defendants are liable to Smith for damages for the deprivation of Smith’s
property and liberty interest in employment pursuant to 42 U.S.C. § 1983 and Louisiana law.
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 7 of 8
V. RELIEF SOUGHT
26. Smith prays for a preliminary and permanent injunction mandating his
27. Smith prays for back pay and restoration of all emoluments of his employment
28. Smith prays for damages to compensate him for the mental distress and anxiety he
29. Smith prays for front pay should the Court find that reinstatement is
impracticable.
30. Smith prays for attorneys’ fees and costs pursuant to 42 U.S.C. § 1988.
WHEREFORE, Smith prays for the relief requested after trial and for all other legal or
Respectfully submitted,
ROBEIN, URANN,
SPENCER, PICARD & CANGEMI, APLC
s/Louis L. Robein
LOUIS L. ROBEIN (LA BAR NO. 11307)
CHRISTINA L. CARROLL (LA BAR NO. 29789)
2540 Severn Ave., Suite 400 (70002)
Post Office Box 6768
Metairie, LA 70009-6768
Telephone: 504.885.9994
Facsimile: 504.885.9969
Email: lrobein@ruspclaw.com
ccarroll@ruspclaw.com
Attorney for Plaintiff, Paul Smith
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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 8 of 8
PLEASE SERVE:
Jefferson Parish
through its Parish President, John Young
Joseph F. Yenni Building
1221 Elmwood Park Blvd., 10th Floor
Jefferson, Louisiana 70123
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Case 2:11-cv-00488-HGB-ALC Document 1-1
OJS 44 (Rev 12/07) CIVIL COVER SHEETFiled 03/01/11 Page 1 of 2
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM )
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Robein, Urann, Spencer, Picard & Cangemi, APLC
2540 Severn Avenue, Suite 400
Metairie, LA 70002
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U S Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U S Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
Paul Smith
)
)
Plaintiff
)
v. ) Civil Action No.
Jefferson Parish; Jefferson Parish East Bank )
Consolidated Special Service Fire Protection District )
Defendant
)
To: (Defendant’s name and address) Jefferson Parish East Bank Consolidated
Special Service Fire Protection District
through Joseph R. Greco, Jr., Director
1221 Elmwood Park Blvd., Suite 704
Jefferson, Louisiana 70123
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Louis L. Robein
Robein, Urann, Spencer, Picard & Cangemi
2540 Severn Ave., Suite 400
Metiairie, Louisiana 70002
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 2:11-cv-00488-HGB-ALC Document 1-2 Filed 03/01/11 Page 2 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Paul Smith
)
)
Plaintiff
)
v. ) Civil Action No.
Jefferson Parish; Jefferson Parish East Bank )
Consolidated Special Service Fire Protection District )
Defendant
)
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Louis L. Robein
Robein, Urann, Spencer, Picard & Cangemi
2540 Severn Ave., Suite 400
Metiairie, Louisiana 70002
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 2:11-cv-00488-HGB-ALC Document 1-3 Filed 03/01/11 Page 2 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Paul Smith
)
)
Plaintiff
)
v. ) Civil Action No.
Jefferson Parish; Jefferson Parish East Bank )
Consolidated Special Service Fire Protection District )
Defendant
)
To: (Defendant’s name and address) John Young (in his individual capacity)
Joseph F. Yenni Building
1221 Elmwood Park Blvd., 10th Floor
Jefferson, Louisiana 70123
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Louis L. Robein
Robein, Urann, Spencer, Picard & Cangemi
2540 Severn Ave., Suite 400
Metiairie, Louisiana 70002
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 2:11-cv-00488-HGB-ALC Document 1-4 Filed 03/01/11 Page 2 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address
Paul Smith
)
)
Plaintiff
)
v. ) Civil Action No.
Jefferson Parish; Jefferson Parish East Bank )
Consolidated Special Service Fire Protection District )
Defendant
)
To: (Defendant’s name and address) John Young (in his official capacity)
Joseph F. Yenni Building
1221 Elmwood Park Blvd., 10th Floor
Jefferson, Louisiana 70123
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: Louis L. Robein
Robein, Urann, Spencer, Picard & Cangemi
2540 Severn Ave., Suite 400
Metiairie, Louisiana 70002
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 2:11-cv-00488-HGB-ALC Document 1-5 Filed 03/01/11 Page 2 of 2
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address