Legal Opinion

Butler v. New Orleans Property Management Department

Louisiana Court of Appeal

Decided August 3, 2005No. 2005-CA-0121Published

1Opinion of the Court

MAX N. TOBIAS, JR., Judge.

| ¡.This case involves the appeal of a ruling by the Civil Service Commission of the City of New Orleans (“CSC”) to reinstate Carl Butler (“Butler”), an employee of the Department of Property Management (“DPM”), who was terminated following a positive result for marijuana on a random drug test. Because the City" of New Orleans, the appointing authority in this case, failed to present evidence of the chain of custody for the drug test at the hearing before the CSC hearing officer, the CSC found that it failed to carry its burden of proof in its case to justify its…

2Cases cited8 opinions

  1. Krepps v. HindelangLouisiana Court of Appeal · 1998
  2. Blappert v. Dept. of PoliceLouisiana Court of Appeal · 1994
  3. Hogan v. State Farm Auto. Ins. Co.Louisiana Court of Appeal · 1994
  4. David v. MeekLouisiana Court of Appeal · 1998
  5. Ruby v. JaegerLouisiana Court of Appeal · 2000

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