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NEELY v. DEPT. OF FIRE

No. 2021-CA-0454.

332 So.3d 194 (2021)

Roy NEELY v. DEPARTMENT OF FIRE.

Court of Appeal of Louisiana, Fourth Circuit.

December 1, 2021.

Attorney(s) appearing for the Case

Louis L. Robein , Laura K. Cline , ROBEIN, URANN, SPENCER, PICARD & CANGEMI, APLC, 2540 Severn Avenue, Suite 400, Metairie, LA 70002, COUNSEL FOR PLAINTIFF/APPELLEE.

Michael J. Laughlin , ASSISTANT CITY ATTORNEY, Elizabeth S. Robins , DEPUTY CITY ATTORNEY, Churita H. Hansell , CHIEF DEPUTY CITY ATTORNEY, Donesia D. Turner , SENIOR CHIEF DEPUTY CITY ATTORNEY, Sunni J. LeBeouf , CITY ATTORNEY, 1300 Perdido Street, City Hall — Suite 5E03, New Orleans, LA 70112, COUNSEL FOR DEFENDANT/APPELLANT.

Court composed of Chief Judge James F. McKay, III, Judge Terri F. Love, Judge Tiffany Gautier Chase.

In this civil service case, firefighter Roy Neely was terminated by the New Orleans Fire Department ("NOFD") for refusing to participate in a mandatory substance abuse screening procedure following an on-the-job accident. After the accident, Mr. Neely submitted to a breathalyzer test, which he passed, and then provided a urine...

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