Landry thought that Ned's behavior was strange and deviant from the norm. Twenty minutes later he returned with Major Frank Landry, Lieutenant Ronald Lewis, and Sergeant Gillard. Hebert left the room and walked across the hall to Ivey's office. He revealed to the two officers that he had taped the conversation between himself and Ivey and began playing the taped conversation. He was so visibly upset that Hebert thought he had lost his job.
Then Ned went directly to Hebert and Gillard to discuss the situation. During the meeting with Ivey, he told Ivey that he had taken medication to help him sleep the night before. Ivey thought his behavior was erratic, that his speech patterns were peculiar, and that Ned appeared to be hyperventilating. He got so upset in Ivey's office that he began crying.
Ivey wanted to discuss the neighbor's complaint and to let him know that he wanted all the city employees to be “one big happy family.” Ned claimed that he was afraid of losing his job and upset because Ivey would not listen to his side of the story. Later that same day, he was called to Chief Ivey's office. Also, he informed the two officers that he had taken medication to help him sleep. He related the incident to his supervisor, Lieutenant Louis Hebert (Hebert), and Sergeant Karl Gillard (Gillard) of Internal Affairs, who told Ned that he had done the right thing by letting the officers handle the situation. When the police arrived at Kerry's apartment, he claimed to have overheard her tell the officers that she worked for the City and would be reporting Ned to Ivey in the morning. Kerry Riggs, a part-time employee of the Department, for excessive noise. The events leading to his termination began on June 28, 1994, at 2:00 a.m., when he called the police to report a neighbor in his apartment complex, Ms. By letter dated July 8, 1994, signed by Mayor Willie Mount and Chief of Police, Sam Ivey, (Ivey), the City terminated him, effective July 11, 1994, from his position at the Department after he tested positive for marijuana in a drug screen ordered by his superiors within the Department. The City hired Ned as a police officer on July 28, 1992. Ned is appealing the district court's decision. Ned again appealed the Board's hearing to the district court which affirmed the Board's decision. A second Board proceeding was held and Ned's termination was upheld. With new counsel, Ned appealed to the district court which ordered a new hearing since his original counsel was not licensed in Louisiana.
He appealed to the Lake Charles Municipal Fire and Police Civil Service Board (Board). By letter dated July 8, 1994, the City of Lake Charles (City) terminated him. He also tested negative for marijuana at another laboratory the same day of the ordered drug screen. Ned (Ned), a member of the Lake Charles City Police Department (Department), tested positive for marijuana in a drug screen test ordered by his superiors. Winfred Thomas Barrett, III, for Lake Charles Municipal Fire & Police, et al. James Edward Burks, Lake Charles, for Police Officer First Class Albert Stephen Ned. Decided: November 12, 1998īefore WOODARD, PETERS and GREMILLION, JJ. LAKE CHARLES MUNICIPAL FIRE & POLICE CIVIL SERVICE BOARD and The City of Lake Charles, Louisiana, Defendants-Appellees. Police Officer First Class Albert Stephen NED, Plaintiff-Appellant, v. Court of Appeal of Louisiana,Third Circuit.
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