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BENELLI v. CITY OF NEW ORLEANS

No. CA-0850.

478 So.2d 1370 (1985)

David BENELLI, et al. v. The CITY OF NEW ORLEANS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 1985.

Attorney(s) appearing for the Case

Salvador Anzelmo, City Atty. for City of New Orleans, Galen S. Brown, Thomas W. Milliner, Deputy City Attys., New Orleans, for defendants-appellants, City of New Orleans and the Superintendent of Police of the City of New Orleans, Henry M. Morris.

Sidney M. Bach, Bach & Wasserman, New Orleans, for plaintiffs-appellees, David Benelli, Stanley Burkhardt, Ronald Cannatella, Lisa Dazzo, Cindy Duke, John Marie, Norman McCord, Norman Taylor, individually and as Police Officers of the New Orleans Police Dept. and in their capacity as Directors of the Police Ass'n of New Orleans.

Before GULOTTA, KLEES and WARD, JJ.

WARD, Judge.

The issue in this appeal is whether an internal administrative regulation of the New Orleans Police Department violates the constitutional rights of the members of the police force. Section 85.0 of the NOPD Operations Manual, "Paid Detail/Outside Employment",1 states that:

Members wishing to work any paid details or engage in outside employment shall complete a New Orleans Police Department Paid Detail/Outside Employment...

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