SHEPACK v. NEW ORLEANS POLICE DEPT.

No. 2000-CA-1345.

791 So.2d 733 (2001)

James SHEPACK v. NEW ORLEANS POLICE DEPARTMENT.

Court of Appeal of Louisiana, Fourth Circuit.

May 16, 2001.


Attorney(s) appearing for the Case

Frank G. DeSalvo, Harry J. Boyer, Jr., Frank G. DeSalvo, A P.L.C., New Orleans, Counsel for Plaintiff/Appellant.

Franz L. Zibilich, Chief Deputy City Attorney, Patrick R. Bossetta, Deputy City Attorney, Mavis S. Early, City Attorney, New Orleans, Counsel for Defendant/Appellee.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judge JAMES F. McKAY III, Judge DENNIS R. BAGNERIS, Sr.


BYRNES, Chief Judge.

The basic facts of this case are not in dispute. The appellant, James Shepack, while off-duty, wearing civilian clothes and in his private vehicle, made a traffic stop. Appellant called for backup and an on-duty police officer responded. The appellant then issued traffic tickets to the driver on the backup officer's ticket book.

Officer Shepack does not contest the fact that it is a violation of departmental rules to perform a traffic...

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