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BANKS v. DEPARTMENT OF POLICE

No. 2010-CA-1204.

56 So.3d 1090 (2011)

Precious BANKS v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

January 19, 2011.

Attorney(s) appearing for the Case

Donovan A. Livaccari , Livaccari Villarrubia Lemmon, LLC, New Orleans, LA, for Plaintiff/Appellee.

Victor L. Papai, Jr. , Assistant City Attorney, Nolan P. Lambert , Chief Deputy City Attorney, Nannette Jolivette-Brown , City Attorney, New Orleans, LA, for Defendant/Appellant.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR.).

The New Orleans Police Department ("NOPD") appeals from a decision by the Civil Service Commission of the City of New Orleans ("CSC") that reduced the discipline given to appellee, Sergeant Precious Banks, by the NOPD. For the reasons that follow, we affirm the CSC.

The facts are not in dispute. On 14 November 2008 at approximately 10:30 p. m., Sergeant Banks and a new recruit responded to a call made by Rodney Sterling, who claimed that his truck had been stolen...

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