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SAMPLE v. DEPARTMENT OF CORRECTIONS

No. 82 CA 0965.

434 So.2d 1211 (1983)

Mark SAMPLE v. DEPARTMENT OF CORRECTIONS, Juvenile Reception and Diagnostic Center.

Court of Appeal of Louisiana, First Circuit.

June 28, 1983.

Attorney(s) appearing for the Case

Raymond L. Simmons, Baton Rouge, for appellant.

Annette R. Seng, Asst. Atty. Gen., Betty Jean G. Ray, Staff Atty., Dept. of Justice, Baton Rouge, for appellee.

Robert R. Boland, Jr., Civil Service Legal Counsel, Dept. of State Civil Service, Baton Rouge, for Herbert L. Sumrall, Director of the Dept. of State Civil Service.

Before LOTTINGER, COLE and CARTER, JJ.

COLE, Judge.

The main issue in this Civil Service Commission case is whether or not the appointing authority proved by a preponderance of the evidence that the employee, Mark Sample, was asleep while on duty as a prison guard.

The facts are as follows: Mark Sample was employed as a Correctional Security Officer III at the Juvenile Reception and Diagnostic Center (JRDC). On July 2, 1981, he was the supervisor of...

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