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DERHAAR v. WATSON

No. 22-30710 consolidated with No. 22-30718.

109 F.4th 817 (2024)

Karl VON DERHAAR, Plaintiff-Appellee/Cross-Appellant, v. Khalid WATSON, in both his individual and official capacity; Michael Stalbert, in both his individual and official capacity; Kim Williams, in both her individual and official capacity, Defendants-Appellants/Cross-Appellees, Darryl Watson, in both his individual and official capacity; Shaun D. Ferguson, Superintendent of the New Orleans Police Department, in his official capacity; Lawrence Jones, in both his individual and official capacity; New Orleans City, through the Mayor of the City of New Orleans, Latoya Cantrell, Defendants-Cross-Appellees, Karl Von Derhaar, Plaintiff-Appellant, v. Shaun D. Ferguson, Superintendent of the New Orleans Police Department, in his official capacity; New Orleans City, through the Mayor of the City of New Orleans, Latoya Cantrell, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 30, 2024.

Attorney(s) appearing for the Case

Glenn Charles McGovern, Esq., Callan Johns, Esq., Law Office of Glenn C. McGovern, Metairie, LA, Andrew Ash Maberry (argued), Law Office of Glenn C. McGovern Corporation, Metairie, LA, for Plaintiff-Appellee/Cross-Appellant, Plaintiff-Appellant.

Michael F. Weiner (argued), Covington, LA, for Defendant-Appellant/Cross-Appellee Khalid Watson.

Chester Theodore Alpaugh, III, Attorney (argued), Guste, Barnett, Schlesinger & Alpaugh, L.L.P., New Orleans, LA, for Defendant-Appellant/Cross-Appellee Michael Stalbert.

Paul Calise Mitchell, III, Attorney (argued), Paul Mitchell Law, L.L.C., New Orleans, LA, for Defendant-Appellant/Cross-Appellee Kim Williams.

Elizabeth Silvis Robins (argued), William Rembeit Henry Goforth, Esq., Corwin M. St. Raymond, City of New Orleans, Law Department, for Defendants-Cross-Appellees, Defendants-Appellees.

Before Higginbotham, Higginson, and Duncan, Circuit Judges.

New Orleans Crime Lab employee Karl Von Derhaar warned superiors about safety breaches and inaccuracies in a drug-testing method. Von Derhaar contends that, rather than address those concerns, the Lab mandated that all employees be tested using that very method. Von Derhaar requested placement on unpaid leave...

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