Kevin Cavell v. Kevin Patrick Johnson, Jr.

Summary

The Louisiana Court of Appeal, Third Circuit, affirmed dismissal of Kevin Cavell’s challenge to Kevin Patrick Johnson, Jr.’s qualifications for the Oakdale Police Chief election. The court held that Cavell failed to prove that the Deputy Chief of Police position was part of the classified civil service, which would have prohibited Johnson from candidacy under Louisiana Constitution article 10, section 9. Johnson’s name was therefore allowed to remain on the ballot for the May 16, 2026 primary election.

Holdings

1. Cavell failed to prove that the Oakdale Deputy Chief of Police position was a classified-service position; therefore, La. Const. art. 10, § 9 did not bar Johnson from qualifying as a candidate for Oakdale Police Chief.
2. Election laws governing candidate qualifications and challenges should be liberally interpreted to promote candidacy rather than defeat it.

Questions Presented

1. Whether Kevin Patrick Johnson, Jr.'s position as Deputy Chief of Police for Oakdale was an officer or employee in the classified service within the meaning of La. Const. art. 10, § 9, thereby prohibiting him from qualifying as a candidate for Oakdale Police Chief.
2. Whether the trial court erred in dismissing Cavell's election-qualification challenge after finding that he failed to prove the Deputy Chief position was in the classified service.

Disposition

affirmed