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MARSELLUS v. DEPT. OF PUBLIC SAF. AND CORR.

No. 2004 CA 0860.

923 So.2d 656 (2005)

Howard MARSELLUS, III v. DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, Elayn Hunt Correctional Center.

Court of Appeal of Louisiana, First Circuit.

September 23, 2005.

Attorney(s) appearing for the Case

Mark E. Falcon, Baton Rouge, Counsel for Plaintiff/Appellant Howard Marsellus, III.

Robert B. Barbor, Deputy General Counsel, Baton Rouge, Counsel for Defendant/Appellee Elayn Hunt Correctional Center.

Robert R. Boland, Jr., Civil Service General Counsel, Baton Rouge, Counsel for Allen H. Reynolds Director, Department of State Civil Service.

Before: WHIPPLE, GUIDRY, GAIDRY, McCLENDON, and WELCH, JJ.

GAIDRY, J.

The appellant, Howard Marsellus, III, a permanent-status civil service employee of the Louisiana Department of Public Safety and Corrections (the Department), appeals the decision of the Louisiana Civil Service Commission (the Commission), upholding his termination from employment. For the reasons which follow, we affirm the decision of the Commission in part as to the finding of legal cause for disciplinary action, but reverse its decision in part based...

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