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KYLE v. CIVIL SERVICE COM'N

No. 90 CA 0757.

588 So.2d 1154 (1991)

Dorothy J. KYLE v. CIVIL SERVICE COMMISSION, State of Louisiana, James R. Smith, Chairman, Watson S. Finister, Jr., David D. Duggins, Edwin C. Harbuck, Marshall J. Ryals, and James A. Smith, Members, Department of Civil Service, Herbert Sumrall, Director, and Secretary, Civil Service Commission, and The Department of Health and Human Resources, Roger Guissinger, Secretary, Sandra L. Robinson, Secretary, Office of the Secretary, Harvey Fitzgerald, Under-Secretary, Office of Management and Finance, Charles Castille, General Counsel.

Court of Appeal of Louisiana, First Circuit.

Rehearing Granted for Limited Purpose and Decision Vacated in part; otherwise Decision Reinstated January 3, 1992.

Attorney(s) appearing for the Case

Remy Chaisson, Thibodaux, Michael D. Lee, Baton Rouge, for plaintiff-appellant Dorothy J. Kyle.

Robert Boland, Jr., Baton Rouge, for defendant-appellee State Civil Service Com'n, et al.

Frank Perez, Baton Rouge, for defendant-appellee Dept. of DHHR.

Ann C. Coco, Dept. of D.E.Q., Baton Rouge, amicus curiae.

Before WATKINS, CARTER and LeBLANC, JJ.

WATKINS, Judge.

Plaintiff appeals a summary judgment dismissing all of her claims against the defendants. Because we find that the plaintiff has failed to set forth a cause of action, we affirm the dismissal of her claims and remand to give the plaintiff an opportunity to amend.

Plaintiff, Dorothy Kyle, originally filed a state tort claim and a Title 42 U.S.C. § 1983 claim1 against several defendants for wrongfully demoting...

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