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GASPARD v. CITY OF ABBEVILLE

No. 13-519.

124 So.3d 1253 (2013)

Julie GASPARD v. CITY OF ABBEVILLE.

Court of Appeal of Louisiana, Third Circuit.

November 6, 2013.

Attorney(s) appearing for the Case

C. Theodore Alpaugh, III , Guste, Barnett, Schlesinger, Henderson & Alpaugh, L.L.P., New Orleans, LA, for Plaintiff/Appellant Julie Gaspard.

J. Isaac Funderburk , Funderburk & Herpin, Abbeville, LA, for Defendant/Appellee City of Abbeville.

Court composed of SYLVIA R. COOKS, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

The appellant was discharged from her position as a police officer after an incident in which a student was struck by a Taser flechette during a classroom demonstration. The officer appeals that termination. For the following reasons, we reverse.

Factual and Procedural Background

In September 2010, Officer Julie Gaspard of the City of Abbeville Police Department was assigned to serve as a school

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