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Case 2:11-cv-00488-HGB-ALC

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

PAUL SMITH

CIVIL ACTION NO.:

V.

JUDGE:

JEFFERSON PARISH; JEFFERSON PARISH EAST BANK CONSOLIDATED SPECIAL SERVICE FIRE PROTECTION DISTRICT; AND JOHN F. YOUNG, JR. (IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES)

MAGISTRATE:

COMPLAINT (JURY TRIAL DEMANDED)

Plaintiff Paul Smith (“Smith”), through undersigned counsel, brings this complaint

against Defendants for federal Constitutional violations, state Constitutional violations, and

violations of various state laws, as stated herein:

I. JURISDICTION

1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331. The claims brought

by Plaintiff include violations of 42 U.S.C. § 1983 and the Fifth and Fourteenth Amendments to

the United States Constitution. This Court has supplemental jurisdiction of all remaining claims

pursuant to 28 U.S.C. § 1367, including claims for violations of Article I, § 2 and Article X, §

16 of the Constitution of the State of Louisiana.

II. PARTIES

2. Smith is an adult resident of Jefferson Parish who was employed by the Jefferson

Parish East Bank Consolidated Special Service Fire Protection District (“District”).

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3. Jefferson Parish is a political subdivision of the State of Louisiana, which can sue

or be sued. It is the “governing authority” that has created and maintains the District.

4. The District is a political subdivision of the State of Louisiana established and

maintained by operation of Louisiana law, La. R.S. 40:1491, et seq., and by ordinance adopted

by the Council of Jefferson Parish as a “special fire district,which can sue or be sued.

5. Named defendant herein in his official and individual capacities is John Young.

Young is an adult resident of Jefferson Parish. Young is the Jefferson Parish President, a local

government official with final policymaking authority for Jefferson Parish. Young was acting

under color of state law at all relevant times.

III. FACTS

6. This action seeks declaratory and injunctive relief pursuant to 42 U.S.C. § 1983

and state law from acts of the defendants against the plaintiff which deprived him of his

constitutional rights.

7. At all times relevant hereto, Paul Smith alleges that he had a property interest in

his continued employment for the following reasons:

a) A permanent classified civil service employee has a protected property interest in his job in Louisiana. Wallace v. Shreve Memorial Library, 97 F.3d 746 (5 th Cir. 1996).

b) Louisiana law requires the Fire District to adopt a classified service among its paid fire service employees, including its fire chief. Louisiana Constitution, Article X, Section 16; La. R.S. 33:2531 et seq.

c) Jefferson Parish, by ordinance, created the at-will position of Director of Fire. Jefferson Parish Code of Ordinances Section 2-211 of Part II, Chapter 2, Article V, Division 7. The Director of Fire performs the job duties of a Fire Chief, which is a classified civil service position. La. R.S.

33:2541(A)(1).

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d) Smith was employed as Director of Fire until February 4,

2011. Because the position of Director of Fire is equivalent

to Fire Chief, Smith was a permanent classified civil service employee.

8. Smith was employed by the District as Director of Fire.

His employment

commenced on April 4, 2009 and was terminated on February 4, 2011.

Smith’s position, Fire

Chief/Director of Fire, was a classified civil service position under Louisiana law.

9. The District has been, at material times, subject to the mandate of Article X,

Section 16 of the 1974 Louisiana Constitution and enabling legislation, La. R.S. 33:2531, et seq.,

obligating it to implement and administer a “classified service” among its paid fire service

employees, including its fire chief.

R.S. 33:2471, et seq. mandated the District to establish a

classification plan for the employment, promotion and related conditions of employment among

its fire service employees, including its chief; to establish a fire civil service board to supervise

the classification plan; and most importantly, to hear and determine employee appeals after

disciplinary action taken by the District.

In short, the District is constitutionally and statutorily

required to establish and maintain a fire civil service system for the benefit of its fire service

employees and the public.

10. Jefferson Parish Council, by ordinance, created the position of Director of Fire.

Jefferson Parish Code of Ordinances § 2-211 of Part II, Chapter 2, Article V, Division 7.

Director of Fire is appointed by the parish president with the approval of the Jefferson Parish

Council.

Id. at § 2-212.

The Director of Fire performs the job duties of a Fire Chief, which is

required to be allocated to the classified service pursuant to La. R.S. 33:2541(A)(1). This official

policy deprives the Fire Chief of the benefits of civil service classification, in violation of

Louisiana law. Jefferson Parish, acting through its President and its Council, has unlawfully

accorded “at will” employment status to Smith.

3

Notwithstanding Defendants’ attempts to

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remove civil service protection for Smith, Smith attained permanent classified status. “[A]

governmental employer’s failure to comply with Civil Service requirements does not preclude its

employees from obtaining permanent classified status.” Wallace v. Shreve Memorial Library, 97

F.3d 746 (5 th Cir. 1996).

11. Pursuant to the ordinance, an official policy of the Parish, Jefferson Parish

President John Young summarily terminated Smith’s employment on February 4, 2011. Young

gave Smith no explanation for the termination. Smith was terminated without notice and an

opportunity to be heard, and for no stated cause.

12. At no time was Smith provided any form of a pre-disciplinary conference or

hearing.

13. Moreover, the defendant ignored the mandates of the Louisiana Fire Service

Employee Bill of Rights, La. R.S. 33:2181 et seq., which covered Smith’s employment as a “fire

employee,” by failing to inform him of any investigation into his status as a permanent classified

employee and by failing to provide him with the other due process protections under the Bill of

Rights.

14. Smith was not notified of or afforded any meaningful opportunity to appeal his

termination to a civil service board, as required by law.

15. On February 14, 2011, Smith nevertheless attempted to appeal his termination to

the Jefferson Parish East Bank Consolidated Fire Protection District Civil Service Board.

16. The defendants have thus violated plaintiff’s Constitutional rights in the following

respects:

a) By terminating him without cause in spite of his substantive due process right under the Fifth and Fourteenth Amendments to the United States Constitution to be terminated only for cause;

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b) By failing to provide notice and an opportunity to be heard in spite of his procedural due process right under the Fifth and Fourteenth Amendments to the United States Constitution. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985);

c) By terminating him without cause in spite of his substantive due process rights under Article I, § 2 of the Louisiana Constitution to be terminated only for cause, and in spite of his related right under Article X, Section 16 of the Louisiana Constitution to be terminated only for legal cause; and

d) By failing to provide notice and an opportunity to be heard in spite of his procedural due process rights under Article I, § 2 and Article X, Section 16 of the Louisiana Constitution.

IV. CLAIMS

17. Defendants denied Smith Constitutional due process guaranteed him by operation

of the Fifth and Fourteenth Amendments of the United States Constitution, Article I, Section 2 of

the 1974 Louisiana Constitution and the Louisiana Fire Service Employees Bill of Rights when

he was terminated by the District on February 4, 2011 without notice, without any form of pre-

disciplinary process, and without affording him access to a civil service appeal.

Smith was

afforded no pre-termination or post-termination due process protections.

Defendants are liable

for these Constitutional violations pursuant to 42 U.S.C. § 1983 and state law.

18. A public employee who has a property interest in his job cannot be fired without

due process of law.

Bd. of Regents v. Roth, 408 U.S. 564, 576-78 (1972).

A permanent

classified civil service employee has a protected property interest in his job in Louisiana.

Wallace, 97 F.3d at 748.

19. In addition to the pre-termination protections of notice and an opportunity to be

heard, the due process clauses of both the United States and Louisiana Constitutions require

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prompt post-termination proceedings.

Because Plaintiff has been provided no post-termination

proceeding, these due process protections have been violated in this case.

20. Pursuant to an official policy of the local government body, Defendants Jefferson

Parish and Young (in his official capacity), deprived Smith of his property interest and liberty

interest in employment without pre-termination or post-termination Constitutional due process.

This deprivation also violates the Louisiana Constitution and Louisiana law.

21. By terminating Smith’s employment, Defendants Jefferson Parish and Young (in

his official capacity), directly deprived Smith of his property and liberty interest in employment

without his pre-termination or post-termination Constitutional due process. This deprivation also

violates the Louisiana Constitution and Louisiana law.

22. Defendants Jefferson Parish and Young (in his official capacity), acted with

deliberate indifference to the need for due process protections for the position of Fire Chief.

23.

By

terminating

Smith’s

employment,

Defendant

Young

(in

his

individual

capacity), deprived Smith of his property and liberty interests in employment without pre-

termination or post-termination Constitutional due process rights. Young was acting under color

of state law. This deprivation also violates Louisiana law.

24. Defendant Young, in his official and individual capacities, acted under color of

State law to deprive Smith of his rights, privileges, and immunities secured by the United States

Constitution, the Louisiana Constitution, and Louisiana law.

25. Defendants are liable to Smith for damages for the deprivation of Smith’s

property and liberty interest in employment pursuant to 42 U.S.C. § 1983 and Louisiana law.

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V. RELIEF SOUGHT

26.

Smith

prays

for

a

preliminary

and

permanent

reinstatement to the position of Chief.

injunction

mandating

his

27. Smith prays for back pay and restoration of all emoluments of his employment

lost as a result of his unlawful termination.

28. Smith prays for damages to compensate him for the mental distress and anxiety he

has suffered as a direct result of Defendants’ unlawful acts.

29.

Smith

impracticable.

prays

for

front

pay

should

the

Court

find

that

reinstatement

is

30. Smith prays for attorneysfees and costs pursuant to 42 U.S.C. § 1988.

31. Smith prays for punitive damages.

VI. JURY TRIAL

Smith prays for trial by jury.

WHEREFORE, Smith prays for the relief requested after trial and for all other legal or

equitable relief deemed necessary by this Honorable Court.

Respectfully submitted,

ROBEIN, URANN, SPENCER, PICARD & CANGEMI, APLC

s/Louis L. Robein

LOUIS L. ROBEIN (LA BAR NO. 11307) CHRISTINA L. CARROLL (LA BAR NO. 29789) 2540 Severn Ave., Suite 400 (70002) Post Office Box 6768

Metairie, LA

Telephone: 504.885.9994 Facsimile: 504.885.9969 Email: lrobein@ruspclaw.com ccarroll@ruspclaw.com Attorney for Plaintiff, Paul Smith

70009-6768

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Case 2:11-cv-00488-HGB-ALC

PLEASE SERVE:

Document 1

Jefferson Parish East Bank Consolidated

Special Service Fire Protection District through Joseph R. Greco, Jr., Director

1221 Elmwood Park Blvd,

Suite 704 Jefferson, Louisiana 70123

John Young (in his official capacity) Joseph F. Yenni Building

1221 Elmwood Park Blvd., 10 th Floor

Jefferson, Louisiana 70123

John Young (in his individual capacity) Joseph F. Yenni Building

1221 Elmwood Park Blvd., 10 th Floor

Jefferson, Louisiana 70123

Jefferson Parish

through its Parish President, John Young Joseph F. Yenni Building

1221 Elmwood Park Blvd., 10 th Floor

Jefferson, Louisiana 70123

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OJS 44 (Rev 12/07)

Case 2:11-cv-00488-HGB-ALC

Document 1-1

Filed 03/01/11

CIVIL COVER SHEET

Page 1 of 2

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided

by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating

the civil docket sheet.

(SEE INSTRUCTIONS ON THE REVERSE OF THE FORM )

I. (a)

PLAINTIFFS

 

DEFENDANTS

 

Jefferson Parish, Jefferson Parish East Bank Consolidated Special Service Fire Protection District and John F. Young, Jr. (in his Official and Individual Capacities)

 

(b)

County of Residence of First Listed Plaintiff

Jefferson Parish

 

County of Residence of First Listed Defendant

 
 

(EXCEPT IN U S PLAINTIFF CASES)

   

(IN U S PLAINTIFF CASES ONLY)

 
 

NOTE:

IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED

 
 

(c)

Attorney’s (Firm Name, Address, and Telephone Number)

 

Attorneys (If Known)

II.

BASIS OF JURISDICTION

(Place an “X” in One Box Only)

III.

CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff

   

(For Diversity Cases Only) PTF

 

and One Box for Defendant)

 

1

U S Government Plaintiff

 
’

3

Federal Question (U S Government Not a Party)

DEF

 

PTF

DEF

     

Citizen of This State

1

1

Incorporated or Principal Place of Business In This State

4

4

2

U S Government Defendant

 

4

Diversity

Citizen of Another State

2

2

Incorporated and Principal Place of Business In Another State

5

5

   

(Indicate Citizenship of Parties in Item III)

   
   

Citizen or Subject of a Foreign Country

3

3

Foreign Nation

6

6

IV.

NATURE OF SUIT

(Place an “X” in One Box Only)

 
 

CONTRACT

 

TORTS

   

FORFEITURE/PENALTY

   

BANKRUPTCY

OTHER STATUTES

 

110 Insurance

 

PERSONAL INJURY

 

PERSONAL INJURY

610 Agriculture

 

422 Appeal 28 USC 158

400 State Reapportionment

120 Marine

310 Airplane

362 Personal Injury -

620 Other Food & Drug

423 Withdrawal

410 Antitrust

 

130 Miller Act

315 Airplane Product

 

Med Malpractice 365 Personal Injury -

625 Drug Related Seizure of Property 21 USC 881

28

USC 157

430 Banks and Banking

 

140 Negotiable Instrument

 

Liability

 

450 Commerce

 

150 Recovery of Overpayment & Enforcement of Judgment

320 Assault, Libel & Slander

 

Product Liability 368 Asbestos Personal

630 Liquor Laws

 

PROPERTY RIGHTS

460 Deportation

 

640 R R & Truck

820 Copyrights

470 Racketeer Influenced and

151 Medicare Act

330 Federal Employers’

 

Injury Product Liability

 

650 Airline Regs

830 Patent

 

Corrupt Organizations

 

152 Recovery of Defaulted Student Loans (Excl Veterans)

 

Liability

660 Occupational Safety/Health

840 Trademark

480 Consumer Credit

 

340 Marine

 

PERSONAL PROPERTY

 

490 Cable/Sat TV

 

345 Marine Product

370 Other Fraud 371 Truth in Lending

 

690 Other

810 Selective Service

 

153 Recovery of Overpayment of Veteran’s Benefits

 

Liability

 

LABOR

 

SOCIAL SECURITY

850 Securities/Commodities/

350 Motor Vehicle

 

380 Other Personal

710 Fair Labor Standards Act

 

861 HIA (1395ff)

 

Exchange

160 Stockholders’ Suits

355 Motor Vehicle

 

Property Damage 385 Property Damage

 

862 Black Lung (923)

875 Customer Challenge

 

190 Other Contract

 

Product Liability

720 Labor/Mgmt Relations

863 DIWC/DIWW (405(g))

 

12 USC 3410

195 Contract Product Liability

360 Other Personal

 

Product Liability

730 Labor/Mgmt Reporting & Disclosure Act

864 SSID Title XVI

890 Other Statutory Actions

196 Franchise

 

Injury

865 RSI (405(g))

891 Agricultural Acts

 
 

REAL PROPERTY

 

CIVIL RIGHTS

 

PRISONER PETITIONS

740 Railway Labor Act

 

FEDERAL TAX SUITS

892 Economic Stabilization Act

210 Land Condemnation

441 Voting

 

510 Motions to Vacate

790 Other Labor Litigation

870 Taxes (U S Plaintiff

893 Environmental Matters

220 Foreclosure

’

442 Employment

 

Sentence

791 Empl Ret Inc Security Act

or Defendant)

894 Energy Allocation Act

230 Rent Lease & Ejectment

443 Housing/

Habeas Corpus:

871 IRS—Third Party

895 Freedom of Information

240 Torts to Land

 

Accommodations

530 General

   

26

USC 7609

 

Act

245 Tort Product Liability

444 Welfare

 

535 Death Penalty

 

IMMIGRATION

 

900Appeal of Fee Determination Under Equal Access to Justice

290 All Other Real Property

445 Amer w/Disabilities - Employment

540 Mandamus & Other

462 Naturalization Application

 

550 Civil Rights

 

463 Habeas Corpus -

 

446 Amer w/Disabilities - Other

440 Other Civil Rights

555 Prison Condition

 

Alien Detainee

950 Constitutionality of State Statutes

 
 

465 Other Immigration Actions

 

Paul Smith

Robein, Urann, Spencer, Picard & Cangemi, APLC 2540 Severn Avenue, Suite 400 Metairie, LA 70002

V. ORIGIN

1

Severn Avenue, Suite 400 Metairie, LA 70002 V. ORIGIN ’ 1 Original Proceeding (Place an “X”

Original

Proceeding

(Place an “X” in One Box Only)

2 Removed from State Court

Appeal to District Judge from Magistrate Judgment

3

Remanded from

Appellate Court

4 Reinstated or Reopened

5

Transferred from

another district

(specify)

6

Multidistrict

Litigation

7

 

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI.

CAUSE OF ACTION

42 USC 1983

Brief description of cause:

 

deprivation of rights under state and federal Constitutions and state laws related to termination of employment

VII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

DEMAND $

CHECK YES only if demanded in complaint:

JURY DEMAND:

Yes

No

VIII. RELATED CASE(S) IF ANY

(See instructions):

JUDGE

DOCKET NUMBER

DATE

03/01/2011

SIGNATURE OF ATTORNEY OF RECORD

s/Louis L. Robein

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

Print

APPLYING IFP

Save As

Export as FDF

JUDGE

MAG JUDGE

Retrieve FDF File

Reset

JS 44 Reverse (Rev 12/07)

Case 2:11-cv-00488-HGB-ALC

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Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only

the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time

of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases,

the county of residence of the “defendant” is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting

in this section “(see attachment)”.

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” in one

of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.

Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.

Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section

for each principal party.

IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient

to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box.

Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.

Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes

unless diversity.

Example:

U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers

and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:11-cv-00488-HGB-ALC

AO 440 (Rev. 12/09) Summons in a Civil Action

Document 1-2

Filed 03/01/11

Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Eastern District of Louisiana

Paul Smith

Plaintiff

v.

Jefferson Parish; Jefferson Parish East Bank Consolidated Special Service Fire Protection District

Defendant

)

)

)

)

Civil Action No.

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

Jefferson Parish East Bank Consolidated

Special Service Fire Protection District through Joseph R. Greco, Jr., Director

1221 Elmwood Park Blvd., Suite 704

Jefferson, Louisiana 70123

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

Louis L. Robein

Robein, Urann, Spencer, Picard & Cangemi

2540 Severn Ave., Suite 400

Metiairie, Louisiana 70002

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

Case 2:11-cv-00488-HGB-ALC

Document 1-2

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 03/01/11

Page 2 of 2

Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

I personally served the summons on the individual at (place)

on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

Date:

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

.

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

0.00

.

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As

Reset

Case 2:11-cv-00488-HGB-ALC

AO 440 (Rev. 12/09) Summons in a Civil Action

Document 1-3

Filed 03/01/11

Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Eastern District of Louisiana

Paul Smith

Plaintiff

v.

Jefferson Parish; Jefferson Parish East Bank Consolidated Special Service Fire Protection District

Defendant

)

)

)

)

Civil Action No.

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

Jefferson Parish through its Parish President, John Young Joseph F. Yenni Building 1221 Elmwood Park Blvd., 10th Floor Jefferson, Louisiana 70123

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

Louis L. Robein Robein, Urann, Spencer, Picard & Cangemi 2540 Severn Ave., Suite 400 Metiairie, Louisiana 70002

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

Case 2:11-cv-00488-HGB-ALC

Document 1-3

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 03/01/11

Page 2 of 2

Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

I personally served the summons on the individual at (place)

on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

Date:

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

.

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

0.00

.

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As

Reset

Case 2:11-cv-00488-HGB-ALC

AO 440 (Rev. 12/09) Summons in a Civil Action

Document 1-4

Filed 03/01/11

Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Eastern District of Louisiana

Paul Smith

Plaintiff

v.

Jefferson Parish; Jefferson Parish East Bank Consolidated Special Service Fire Protection District

Defendant

)

)

)

)

Civil Action No.

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

John Young (in his individual capacity) Joseph F. Yenni Building 1221 Elmwood Park Blvd., 10th Floor Jefferson, Louisiana 70123

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

Louis L. Robein Robein, Urann, Spencer, Picard & Cangemi 2540 Severn Ave., Suite 400 Metiairie, Louisiana 70002

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

Case 2:11-cv-00488-HGB-ALC

Document 1-4

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 03/01/11

Page 2 of 2

Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

I personally served the summons on the individual at (place)

on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

Date:

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

.

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

0.00

.

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As

Reset

Case 2:11-cv-00488-HGB-ALC

AO 440 (Rev. 12/09) Summons in a Civil Action

Document 1-5

Filed 03/01/11

Page 1 of 2

UNITED STATES DISTRICT COURT

for the

Eastern District of Louisiana

Paul Smith

Plaintiff

v.

Jefferson Parish; Jefferson Parish East Bank Consolidated Special Service Fire Protection District

Defendant

)

)

)

)

Civil Action No.

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

John Young (in his official capacity) Joseph F. Yenni Building 1221 Elmwood Park Blvd., 10th Floor Jefferson, Louisiana 70123

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

Louis L. Robein Robein, Urann, Spencer, Picard & Cangemi 2540 Severn Ave., Suite 400 Metiairie, Louisiana 70002

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

Date:

CLERK OF COURT

Signature of Clerk or Deputy Clerk

Case 2:11-cv-00488-HGB-ALC

Document 1-5

AO 440 (Rev. 12/09) Summons in a Civil Action (Page 2)

Filed 03/01/11

Page 2 of 2

Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

I personally served the summons on the individual at (place)

on (date)

; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)

Date:

on (date)

; or

I returned the summons unexecuted because

; or

Other (specify):

.

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

0.00

.

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

Print

Save As

Reset