Paul Smith V Jefferson Parish, John Young, Et Al: Complaint

Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 1 of 8
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA
PAUL SMITH CIVIL ACTION NO.:
V. JUDGE:
JEFFERSON PARISH; MAGISTRATE:

JEFFERSON PARISH EAST BANK CONSOLIDATED
SPECIAL SERVICE FIRE PROTECTION DISTRICT;
AND
JOHN F. YOUNG, JR. (IN HIS OFFICIAL
AND INDIVIDUAL CAPACITIES)
COMPLAINT
(JURY TRIAL DEMANDED)
Plaintiff Paul Smith (“Smith”), through undersigned counsel, brings this complaint
against Defendants for federal Constitutional violations, state Constitutional violations, and
violations of various state laws, as stated herein:
I. JURISDICTION
1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331. The claims brought
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, §
16 of the Constitution of the State of Louisiana.
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”).
1
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.
4. The District is a political subdivision of the State of Louisiana established and
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
under color of state law at all relevant times.
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
his continued employment for the following reasons:
a) A permanent classified civil service employee has a

protected property interest in his job in Louisiana. Wallace
v. Shreve Memorial Library, 97 F.3d 746 (5th Cir. 1996).
b) Louisiana law requires the Fire District to adopt a classified

service among its paid fire service employees, including its
fire chief. Louisiana Constitution, Article X, Section 16;
La. R.S. 33:2531 et seq.
c) Jefferson Parish, by ordinance, created the at-will position

of Director of Fire. Jefferson Parish Code of Ordinances
Section 2-211 of Part II, Chapter 2, Article V, Division 7.
The Director of Fire performs the job duties of a Fire Chief,
which is a classified civil service position. La. R.S.
33:2541(A)(1).
2
d) Smith was employed as Director of Fire until February 4,

2011. Because the position of Director of Fire is equivalent
to Fire Chief, Smith was a permanent classified civil
service employee.
8. Smith was employed by the District as Director of Fire. His employment
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
employees and the public.
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
accorded “at will” employment status to Smith. Notwithstanding Defendants’ attempts to
3
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
F.3d 746 (5th Cir. 1996).
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
opportunity to be heard, and for no stated cause.
12. At no time was Smith provided any form of a pre-disciplinary conference or
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
termination to a civil service board, as required by law.
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:
a) By terminating him without cause in spite of his

substantive due process right under the Fifth and
Fourteenth Amendments to the United States Constitution
to be terminated only for cause;
4
b) By failing to provide notice and an opportunity to be heard

in spite of his procedural due process right under the Fifth
and Fourteenth Amendments to the United States
Constitution. Cleveland Bd. of Educ. v. Loudermill, 470
U.S. 532, 542 (1985);
c) By terminating him without cause in spite of his

substantive due process rights under Article I, § 2 of the
Louisiana Constitution to be terminated only for cause, and
in spite of his related right under Article X, Section 16 of
the Louisiana Constitution to be terminated only for legal
cause; and
d) By failing to provide notice and an opportunity to be heard

in spite of his procedural due process rights under Article I,
§ 2 and Article X, Section 16 of the Louisiana
Constitution.
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
afforded no pre-termination or post-termination due process protections. Defendants are liable
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.
Wallace, 97 F.3d at 748.
19. In addition to the pre-termination protections of notice and an opportunity to be
heard, the due process clauses of both the United States and Louisiana Constitutions require
5
prompt post-termination proceedings. Because Plaintiff has been provided no post-termination
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
interest in employment without pre-termination or post-termination Constitutional due process.
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
violates the Louisiana Constitution and Louisiana law.
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.
23. By terminating Smith’s employment, Defendant Young (in his individual
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
of state law. This deprivation also violates Louisiana law.
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
Constitution, the Louisiana Constitution, and Louisiana law.
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.
6
V. RELIEF SOUGHT
26. Smith prays for a preliminary and permanent injunction mandating his
reinstatement to the position of Chief.
27. Smith prays for back pay and restoration of all emoluments of his employment
lost as a result of his unlawful termination.
28. Smith prays for damages to compensate him for the mental distress and anxiety he
has suffered as a direct result of Defendants’ unlawful acts.
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.
31. Smith prays for punitive damages.
VI. JURY TRIAL
Smith prays for trial by jury.
WHEREFORE, Smith prays for the relief requested after trial and for all other legal or
equitable relief deemed necessary by this Honorable Court.
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
7
PLEASE SERVE:
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
John Young (in his official capacity)

Joseph F. Yenni Building
1221 Elmwood Park Blvd., 10th Floor
John Young (in his individual capacity)

Jefferson Parish
through its Parish President, John Young
8
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 )
I. (a) PLAINTIFFS DEFENDANTS

Jefferson Parish, Jefferson Parish East Bank Consolidated Special
Paul Smith Service Fire Protection District and John F. Young, Jr. (in his Official
and Individual Capacities)
(b) County of Residence of First Listed Plaintiff Jefferson Parish County of Residence of First Listed Defendant
(EXCEPT IN U S PLAINTIFF CASES) (IN U S PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED
(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
’ 2 U S Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5

Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 610 Agriculture ’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment
’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust
’ 130 Miller Act ’ 315 Airplane Product Med Malpractice ’ 625 Drug Related Seizure 28 USC 157 ’ 430 Banks and Banking
’ 140 Negotiable Instrument Liability ’ 365 Personal Injury - of Property 21 USC 881 ’ 450 Commerce
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation
& Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R R & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and
’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs ’ 830 Patent Corrupt Organizations
’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit
Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV
(Excl Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service
’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge
’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410
’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act
’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U S Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl Ret Inc or Defendant) ’ 894 Energy Allocation Act
’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information
’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act
’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty IMMIGRATION ’ 900Appeal of Fee Determination
’ 290 All Other Real Property ’ 445 Amer w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Under Equal Access
Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - to Justice
’ 446 Amer w/Disabilities - ’ 555 Prison Condition Alien Detainee ’ 950 Constitutionality of
Other ’ 465 Other Immigration State Statutes
’ 440 Other Civil Rights Actions
V. ORIGIN (Place an “X” in One Box Only) Appeal to District

’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from
another district ’ 6 Multidistrict ’ 7 Judge from
Magistrate
Proceeding State Court Appellate Court Reopened Litigation
(specify) Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983
VI. CAUSE OF ACTION Brief description of cause:
deprivation of rights under state and federal Constitutions and state laws related to termination of employment
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: ✔
’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

03/01/2011 s/Louis L. Robein
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG JUDGE
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JS 44 Reverse (Rev 12/07)
Case 2:11-cv-00488-HGB-ALC Document 1-1 Filed 03/01/11 Page 2 of 2
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint
filed. The attorney filing a case should complete the form as follows:
I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only
the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving
both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time
of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,
the county of residence of the “defendant” is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment)”.
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one
of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the
Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box
1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the
different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section
for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient
to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select
the most definitive.
V. Origin. Place an “X” in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition
for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict
litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box
is checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes
unless diversity. Example: U.S. Civil Statute: 47 USC 553
Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers
and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
AO 440 (Rev. 12/09) Summons in a Civil Action

for the
Eastern District of Louisiana
Paul Smith
)
)
Plaintiff
)
v. ) Civil Action No.
Jefferson Parish; Jefferson Parish East Bank )
Consolidated Special Service Fire Protection District )
Defendant
)
SUMMONS IN A CIVIL ACTION
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
A lawsuit has been filed against you.
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
AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ 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
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset


for the
Paul Smith
)
)
Plaintiff
)
Defendant
)
To: (Defendant’s name and address) Jefferson Parish

through its Parish President, John Young
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
Paul Smith
)
)
Plaintiff
)
Defendant
)
To: (Defendant’s name and address) John Young (in his individual capacity)
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
Paul Smith
)
)
Plaintiff
)
Defendant
)
To: (Defendant’s name and address) John Young (in his official capacity)
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

Paul Smith V Jefferson Parish, John Young, Et Al: Complaint

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Case 2:11-cv-00488-HGB-ALC Document 1 Filed 03/01/11 Page 1 of 8

UNITED STATES DISTRICT COURT

PAUL SMITH CIVIL ACTION NO.:

JEFFERSON PARISH; MAGISTRATE:

violations of various state laws, as stated herein:

1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331. The claims brought

16 of the Constitution of the State of Louisiana.

4. The District is a political subdivision of the State of Louisiana established and

under color of state law at all relevant times.

his continued employment for the following reasons:

a) A permanent classified civil service employee has a

b) Louisiana law requires the Fire District to adopt a classified

c) Jefferson Parish, by ordinance, created the at-will position

d) Smith was employed as Director of Fire until February 4,

8. Smith was employed by the District as Director of Fire. His employment

employees and the public.

accorded “at will” employment status to Smith. Notwithstanding Defendants’ attempts to

F.3d 746 (5th Cir. 1996).

opportunity to be heard, and for no stated cause.

12. At no time was Smith provided any form of a pre-disciplinary conference or

termination to a civil service board, as required by law.

a) By terminating him without cause in spite of his

b) By failing to provide notice and an opportunity to be heard

c) By terminating him without cause in spite of his

d) By failing to provide notice and an opportunity to be heard

afforded no pre-termination or post-termination due process protections. Defendants are liable

Wallace, 97 F.3d at 748.

19. In addition to the pre-termination protections of notice and an opportunity to be

prompt post-termination proceedings. Because Plaintiff has been provided no post-termination

interest in employment without pre-termination or post-termination Constitutional due process.

violates the Louisiana Constitution and Louisiana law.

23. By terminating Smith’s employment, Defendant Young (in his individual

of state law. This deprivation also violates Louisiana law.

Constitution, the Louisiana Constitution, and Louisiana law.

reinstatement to the position of Chief.

lost as a result of his unlawful termination.

has suffered as a direct result of Defendants’ unlawful acts.

31. Smith prays for punitive damages.

VI. JURY TRIAL

Smith prays for trial by jury.

equitable relief deemed necessary by this Honorable Court.

Jefferson Parish East Bank Consolidated

John Young (in his official capacity)

John Young (in his individual capacity)

I. (a) PLAINTIFFS DEFENDANTS

’ 2 U S Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5

V. ORIGIN (Place an “X” in One Box Only) Appeal to District

DATE SIGNATURE OF ATTORNEY OF RECORD

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG JUDGE

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INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT

SUMMONS IN A CIVIL ACTION

A lawsuit has been filed against you.

Civil Action No.

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.