STEVEN ACHORD, ET AL Vs. DEPARTMENT OF FIRE

Annotate this Case
Download PDF
STEVEN ACHORD, ET AL * NO. 2018-CA-0635 VERSUS * COURT OF APPEAL DEPARTMENT OF FIRE * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* BELSOME, J., CONCURS WITH REASONS. I respectfully concur in the majority’s opinion to affirm, in part, reverse, in part, and remand. I agree with the majority’s finding that the Civil Service Commission’s failure to provide a remedy to the firefighters, who were unlawfully passed over for promotion, was arbitrary and capricious. In addition, I find that the Commission’s arbitrary and capricious failure to provide a remedy for the aggrieved firefighters resulted in a violation of their due process rights under the United States and Louisiana Constitutions. See U.S. Const. amends. V and XIV; La. Const. art. I, § 2 (no person shall be deprived of the right to life, liberty and property without due process of law). For these reasons, I concur in the majority’s opinion to affirm, in part, reverse, in part, and remand with an instruction to the Commission to remedy the constitutional violations by promoting the qualified applicants.