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MACELLI v. DEPARTMENT OF POLICE

No. 98-CA-0253.

718 So.2d 1021 (1998)

Michael MACELLI v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

September 9, 1998.

Attorney(s) appearing for the Case

Joseph V. Dirosa, Jr., Deputy City Attorney, Franz L. Zibilich, Chief Deputy City Attorney, Avis Marie Russell, City Attorney, New Orleans, for Defendant-Appellant Department of Police.

Before KLEES, LOBRANO and LANDRIEU, JJ.

KLEES, Judge.

This is an appeal by the New Orleans Police Department from a ruling of the Civil Service Commission reversing a 30-day suspension imposed on police officer Michael Macelli for failing to confiscate evidence and modifying a ten-day suspension to a letter of reprimand for failing to file an adequate report. We find the Commission's actions to be arbitrary or capricious, and we therefore reverse the Commission's decision.

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