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JOHNSON v. DEPARTMENT OF POLICE

No. 92-CA-1821.

615 So.2d 1064 (1993)

James JOHNSON v. DEPARTMENT OF POLICE.

Court of Appeal of Louisiana, Fourth Circuit.

March 11, 1993.

Attorney(s) appearing for the Case

Arthur L. Hunter, Jr., New Orleans, for plaintiff/appellant.

Robert (Bob) Early, Asst. City Atty., Elmer G. Gibbons, Deputy City Atty., Brett J. Prendergast, Chief of Civ. Litigation, William D. Aaron, Jr., City Atty., New Orleans, for defendant/appellee.

Before SCHOTT, C.J., and BARRY and PLOTKIN, JJ.

PLOTKIN, Judge.

James Johnson (Johnson) appeals the decision of the New Orleans Civil Service Commission affirming his dismissal from the New Orleans Department of Police (the Department). This court must determine whether the Department met its burden of showing that it had probable cause to administer a blood-alcohol breathalyzer test to Johnson.

On February 23, 1989, while on duty, Johnson was ordered to submit to a blood-alcohol breathalyzer test. Johnson...

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