Jackson v. East Baton Rouge Parish Indigent Defender's Bd.

• Decision Date: 21 November 1977
• Docket Number: No. 11599,11599
• Parties: Portia Brown JACKSON et al. v. The EAST BATON ROUGE PARISH INDIGENT DEFENDER'S BOARD et al.
• Court: Court of Appeal of Louisiana — District of US

Page 344

353 So.2d 344

Portia Brown JACKSON et al. v. The EAST BATON ROUGE PARISH INDIGENT DEFENDER'S BOARD et al.

No. 11599.

Court of Appeal of Louisiana, First Circuit.

Nov. 21, 1977.

Rehearing Denied Dec. 28, 1977.

Writ Refused Feb. 17, 1978.

Robert C. Williams, Baton Rouge, of counsel for plaintiff-appellant, Portia Brown Jackson, et al.

Samuel R. Cicero, Baton Rouge, of counsel for defendant-appellee, The East Baton Rouge Parish Indigent Defender's Board, et al.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

This case involves the right of a governmental employer to dismiss an unclassified employee without cause.

Plaintiff, Hazel Smith Williams, was employed as a secretary and plaintiff, Portia Brown Jackson, was employed as a secretary-bookkeeper, for the East Baton Rouge Parish Indigent Defender's Board. Plaintiffs alleged that they were discharged on January 3, 1977, for no cause shown, and they seek reinstatement to their former positions of employment as well as back pay and allowances, including reasonable attorney fees and damages. The defendants, The East Baton Rouge Parish Indigent Defender's Board and its director, Alton Moran, filed an exception of no cause of action which was sustained by the Trial Judge dismissing plaintiffs' suit.

In their appeal, plaintiffs contend that the Trial Judge erred in sustaining the exception as well as in ruling that the Board as a governmental entity had "unbridled discretion" to terminate employment at will and without cause.

LSA-C.C. art. 2747 provides:

"A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause."

Absent any specific statutory requirement or contractual agreement regulating the employment relationship of the parties, termination is at the will of either party, and in the case of a governmental entity, termination is at the will of the appointing officer, provided no restraints are placed on his power. Hamilton v. Louisiana Health and Human Resources Administration, 341 So.2d 1190, (La.App. 1st Cir. 1976), writ refused, 344 So.2d 4 (1977).

Appellants hinge their argument on a denial of due process in not requiring the governmental entity to show a just cause for dismissal and to allow a hearing on the matter. They contend that their employment position is a property right protected by the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

For there to be protection under the Fourteenth Amendment there must first be a property right or interest protectable by the Due Process Clause, however, property rights and interests are...