Cannon v. City of Hammond

CANNON v. CITY OF HAMMOND, 97 2660 (La.App. 1 Cir. 12/28/98); 727 So.2d 570 Rehearing Denied March 4, 1999 Plaintiff, Richard Cannon, was formerly employed by the City of Hammond as a police officer, serving with permanent status. Plaintiff's employment with the Hammond Police Department was terminated pursuant to LSA-R.S. 33:2500 on April 14, 1996 for alleged insubordination. Defendants are the City of Hammond and the Hammond Fire and Police Civil Service Board. Cannon appeals, contending that his procedural due process rights were violated when he was terminated from his classified civil service position without a pre-termination hearing. Finding merit in plaintiff's assignment of error, we reverse. Facts and Procedural History Cannon was employed as a policeman for the City of Hammond. On February 28, 1996, Sgt. Terry Zaffuto, Cannon's superior officer, filed a disciplinary action form against Cannon, complaining that Cannon had disobeyed a direct order. The action sheet alleged that Cannon had requested authorization to go out to the City Training Center with other officers; Cannon's sergeant refused; and Cannon was instructed to resume regular patrol. Cannon allegedly disobeyed the sergeant's order and went to the training center.