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MITCHELL v. DEPARTMENT OF POLICE

No. 2009-CA-0724.

34 So.3d 952 (2010)

Byron MITCHELL v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

March 17, 2010.

Attorney(s) appearing for the Case

Raymond C. Burkart III, Burkart & Associates, L.L.C., Covington, Louisiana, for Plaintiff/Appellant.

Penya Moses-Fields, City Attorney of Orleans Parish, Nolan P. Lambert, Chief Deputy City Attorney of Orleans Parish, Shawn Lindsay, Victor L. Papai, Jr., Assistant City Attorney of Orleans Parish New Orleans, Louisiana, for Defendant/Appellee.

(Court composed of Judge CHARLES R. JONES, Judge JAMES F. McKAY III, Judge EDWIN A. LOMBARD).

JAMES F. McKAY III, Judge.

Sergeant Byron Mitchell appeals from the Civil Service Commission's ("the Commission") dismissal of his appeal following the Commission's affirming the New Orleans Police Department's appointing authority's decision to suspend him for five days for a violation of neglect of duty. For reasons that follow, we affirm.

On August 28, 2008, Officer Calvin Prevost attended an Accident Review Board...

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