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SCANLAN v. DEPARTMENT OF POLICE

No. 2010-CA-0584.

OSCEOLA SCANLAN v. DEPARTMENT OF POLICE.

Court of Appeals of Louisiana, Fourth Circuit.

Not Designated for Publication.

Attorney(s) appearing for the Case

FRANK G. DeSALVO, Frank G. Desalvo, APLC, 739 Baronne Street, New Orleans, LA 70113, Counsel for Plaintiff/Appellee, Osceola Scanlan.

NANNETTE JOLIVETTE-BROWN, City Attorney, ALBERT A. THIBODEAUX, Chief Deputy City Attorney, Shawn Lindsay, Assistant City Attorney, 1300 Perdido Street, City Hall — Room 5E03, New Orleans, LA 70112, Counsel for Defendant/Appellant, City of New Orleans.

Court composed of Judge KIRBY, Judge TOBIAS, Jr., Judge GORBATY.

DAVID S. GORBATY, Judge.

The New Orleans Police Department (NOPD) seeks reversal of the decision of the Civil Service Commission (Commission) granting the appeal of Lt. Scanlan and restoring Lt. Scanlan's lost pay and benefits. Specifically, the NOPD argues the Commission erred in finding the NOPD failed to establish that Lt. Scanlan was disciplined for cause and the Commission erred in substituting its judgment for that of the NOPD. For the following reasons, we...

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