
    Robert V. WESTMORELAND, et ux. v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS, et al.
    No. 99-651
    Court of Appeal of Louisiana, Third Circuit.
    June 1, 1999.
    Tracy L. Short, AGA, Lake Charles, for Applicant/Defendant.
    Cabra & Leach, Edwin Cabra, Leesville, Joel Phillip Loeffelholz, New Orleans, The Gray Law Firm, Anna R. Gray, Lake Charles, for Respondents.
    BEFORE: SAUNDERS, WOODARD, and SULLIVAN, Judges.
   WRIT DENIED: There is no error in the trial court’s ruling. Although we are aware of this court’s opinion in Myers v. Ivey, 93-1166 (La.App. 3 Cir. 4/6/94); 635 So.2d 632, we choose not to follow Myers, supra. The plaintiff in this case is not attempting to circumvent the exclusive jurisdiction of the civil service commission as he has pursued his remedies with the commission. Although the allegedly tortious conduct of defendants is connected to the disciplinary action taken against plaintiff, the instant suit seeks damages for the tort of defamation which is not within the jurisdiction of the civil service commission.  