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FIHLMAN v. NEW ORLEANS POLICE DEPT.

No. 2000-CA-2360.

797 So.2d 783 (2001)

Mathew FIHLMAN v. NEW ORLEANS POLICE DEPARTMENT.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 16, 2001.

Attorney(s) appearing for the Case

F. Gerald Desalvo, Frank G. Desalvo, A P.L.C., New Orleans, LA, Counsel for Plaintiff/Appellee.

Mavis S. Early, City Attorney, Franz L. Zibilich, Chief Deputy City Attorney, Joseph V. Dirosa, Jr., Deputy City Attorney, New Orleans, LA, Counsel for Defendant/Appellant.

Court Composed of Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY, and Judge MAX N. TOBIAS, JR.

Judge MAX N. TOBIAS, JR.

The New Orleans Police Department ("NOPD") appeals a 2 May 2000 decision of the Civil Service Commission (the "Commission") reversing a ten-day suspension imposed on Officer Mathew Fihlman for his actions in causing what it deemed a preventable accident.

FACTS

The facts are not in dispute. Officer Fihlman is assigned to the First Police District and has achieved permanent status in the Civil Service System. On 27 October...

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