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AUSTIN v. DEPARTMENT OF POLICE

No. 2009-CA-1376.

36 So.3d 986 (2010)

Blaine AUSTIN v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

March 31, 2010.

Attorney(s) appearing for the Case

Frank G. DeSalvo FRank G. DeSalvo, APLC, New Orleans, LA, for Plaintiff/Appellee.

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

(Court composed of Judge PATRICIA RIVET MURRAY, Judge JAMES F. McKAY III, Judge MAX N. TOBIAS, JR.).

JAMES F. McKAY, III, Judge.

The New Orleans Police Department (NOPD), seeks reversal of the decision of the Civil Service Commission (Commission), granting in part the appeal of Lieutenant Blaine Austin, an employee of the NOPD. Specifically, the NOPD argues the Commission acted arbitrarily and capriciously in granting Lieutenant Austin's appeal as lawful cause existed for the discipline imposed by the NOPD. For the following reasons, we affirm.

STATEMENT...

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