SARAH S. VANCE, District Judge.
Plaintiff Stacy LeBeouf moves the Court to reconsider partially its June 11, 2015 partial summary judgment order.
Plaintiff Stacy LeBeouf filed suit against Defendant Bain Manning in his individual and official capacities under 42 U.S.C. § 1983 and Louisiana law for violations of her due process rights related to her resignation from her position as a nurse at Leonard J. Chabert Medical Center ("the Hospital"). LeBeouf alleges that she maintained a property interest in her employment at the Hospital and that Manning deprived her of that property interest without due process of law by constructively discharging her.
Manning moved for summary judgment on eight grounds: (1) LeBeouf never attained any rights to predeprivation due process because she resigned; (2) Lebeouf's failure to utilize available state remedies precludes her postdeprivation due process claims; (3) Manning did not proximately cause LeBeouf's alleged damages; (4) the Supreme Court's Parratt/Hudson doctrine bars LeBeouf's claims; (5) Manning is entitled to qualified immunity; (6) state sovereign immunity bars LeBeouf's claims; (7) the Court lacks jurisdiction to hear any state-law claims subject to the Louisiana Civil Service Commission's exclusive jurisdiction; and (8) res judicata and collateral estoppel principles bar LeBeouf's state-law claims.
LeBeouf now moves for partial reconsideration of the Court's June 11 summary judgment order on two grounds.
Motions for reconsideration filed under Federal Rule of Civil Procedure 59(e) question the correctness of a judgment. In re Transtexas Gas Corp., 303 F.3d 571, 581 (5th Cir. 2002). Rule 59(e) is properly invoked "to correct manifest errors of law or fact or to present newly discovered evidence." Id. (citing Waltman v. Int'l Paper Co., 875 F.2d 468, 473 (5th Cir. 1989)). A district court has considerable discretion to grant or deny a Rule 59(e) motion for reconsideration. Edward H. Bohlin Co. v. Banning Co., 6 F.3d 350, 353 (5th Cir. 1993). A motion for reconsideration is generally not an appropriate vehicle for advancing new arguments that were available at the time of the original motion. Simon v. United States, 891 F.2d 1154, 1159 (5th Cir. 1990).
LeBeouf challenges the Court's June 11, 2015 summary judgment order on two grounds. First, LeBeouf contends that the Court erred in analyzing her postdeprivation due process claim. Specifically, LeBeouf argues that the Court should have concluded that Manning's failure to notify LeBeouf of her right to appeal her involuntary resignation was constitutionally inadequate notice under due process standards. Second, LeBeouf contends that the Court erred in holding that it does not have jurisdiction to consider LeBeouf's state-law constitutional claims.
As to the first challenge, the Court initially notes that LeBeouf urges the Court to conclude in general terms that "the total lack of notice in this case [was] deficient as a matter of law."
LeBeouf seemingly attempts to argue that Manning was required to provide LeBeouf notice of her right to appeal her involuntary resignation and that therefore, she cannot be faulted for failing to file a timely appeal with the Civil Service Commission. As the Court explained in its June 11 order, Louisiana Civil Service Rule 12.8 provides that when "an appointing authority decides to discipline or remove a permanent employee," he or she must provide written notice, including a statement that the employee may appeal the action to the Civil Service Commission within thirty days. In conjunction with this rule, Louisiana Civil Service Rule 13.12 provides that when notice is not required-meaning when the action complained of is not "an appointing authority's deci[sion] to discipline or remove a permanent employee"-the employee must appeal within thirty days of when the employee "learned or was aware that the action complained of had occurred." Also as the Court explained in its June 11 order, Louisiana courts hold that when state employees involuntarily resign, they are not entitled to individual notice of their appeal rights.
LeBeouf now asks the Court to reconsider its holding that Manning was not required to provide LeBeouf individual notice of her appeal rights following her involuntary resignation. To do so, the Court would have to ignore Louisiana precedent to the contrary.
The Court also finds LeBeouf's second challenge to the June 11 order meritless. LeBeouf contends that the Court erred in holding that it does not have jurisdiction to consider LeBeouf's state-law constitutional claims. Again, as stated in the Court's June 11 order,
LeBeouf argues that the reasoning of the Louisiana Fourth Circuit Court of Appeal in Eberhardt v. Levasseur, 630 So.2d 844 (La. App. 4 Cir. 1993) supports the idea that state constitutional claims are excepted from the Commission's exclusive jurisdiction. But the Louisiana Fourth Circuit's reasoning is plainly limited to federal constitutional claims. As the court explained:
See id. at 846-47 (emphasis added) (citations omitted). The other cases on which LeBeouf relies are similarly inapposite.
For the foregoing reasons, the Court DENIES LeBeouf's Motion for Partial Reconsideration.
LeBeouf also cites the Louisiana Supreme Court's decision in Wilson v. City of New Orleans, 479 So.2d 891 (1985). There, the Louisiana Supreme Court held that a vehicle owner whose car was "booted" for the owner's failing to pay outstanding tickets was entitled to greater notice than a sticker on the vehicle's window, which said "failure to pay or request a hearing within fifteen days will result in . . . the possible immobilization or impoundment of your vehicle." Id. at 897, 900. Again, because the court's holding turns on different facts than those presented here, Wilson is also inapplicable.
In AFSCME, Council #17 v. State ex rel. Department of Health & Hospitals, the plaintiff challenged the constitutionality of Louisiana Revised Statute § 42:1414. See 789 So.2d 1263, 1265 (La. 2001).
In Stevenson v. Williamson, the Middle District of Louisiana held that the Louisiana Civil Service Commission lacked authority to award general tort damages under Louisiana Revised Statute § 23:967, which gives employees a private cause of action for an employer's reprisal. 547 F.Supp.2d 544, 557 (M.D. La. 2008, aff'd, 324 F. App'x 422 (5th Cir. 2009).
As noted, the claims raised in each of these cases are distinguishable from LeBeouf's general challenges under the Louisiana Constitution.