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MARZIALE v. DEPARTMENT OF POLICE

No. 2006-CA-0459.

944 So.2d 760 (2006)

Michael MARZIALE v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 2006.

Attorney(s) appearing for the Case

Alan B. Tusa, Carol T. Richards, Tusa & Richards, L.L.C., Covington, LA, for Plaintiff/Appellant.

Penya M. Moses-Fields, City Attorney, Joseph V. DiRosa, Jr., Chief Deputy City Attorney, Heather M. Valliant, Assistant City Attorney, James B. Mullaly, Assistant City Attorney, New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD, and Judge ROLAND L. BELSOME).

MAX N. TOBIAS, JR., Judge.

The appellant, Michael Marziale ("Marziale"), appeals his dismissal from the New Orleans Police Department (hereinafter, "NOPD" or "appointing authority"), which determined that he was either unable or unwilling to perform his duties as a police officer after more than three years of extended medical leave. Marziale was injured in November 2000 while participating in the department's "Fitness for...

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