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POWERS v. NEW ORLEANS CITY

Civil Action No. 13-5993.

WALTER POWERS, JR., et al., Plaintiffs, v. NEW ORLEANS CITY, et al., SECTION "E", Defendants.

United States District Court, E.D. Louisiana.

April 7, 2014.

Attorney(s) appearing for the Case

Walter Powers, Jr., Plaintiff, represented by Raymond Charles Burkart, III , Burkart & Associates, LLC & Donovan Anthony Livaccari , Livaccari, Villarrubia & Lemmon, LLC.

Frederick C. Morton, Plaintiff, represented by Raymond Charles Burkart, III , Burkart & Associates, LLC & Donovan Anthony Livaccari , Livaccari, Villarrubia & Lemmon, LLC.

United States of America, Intervenor, represented by Emily Anna Gunston , U. S. Department of Justice (Special Litigation Section), Christy E. Lopez , U. S. Department of Justice (Civil Rights Division), Jonathan M. Smith , U. S. Department of Justice (Civil Rights Division), Jude Volek , U. S. Department of Justice (Civil Rights Division), Kenneth A. Polite , U. S. Attorney's Office, Roy L Austin, Jr , U. S. Department of Justice (Civil Rights Division) & Stephen C Parker , U. S. Attorney's Office.

Police Association of New Orleans, Intervenor, represented by Eric John Hessler , Eric J. Hessler, Attorney at Law.

Michael Glasser, individually and as President of the Police Association of New Orleans, Inc., Intervenor, represented by Eric John Hessler , Eric J. Hessler, Attorney at Law.

New Orleans City, Defendant, represented by Christy C. Harowski , City Attorney's Office, Brian J. Capitelli , Capitelli & Wicker, Cherrell R. Simms , City Attorney's Office, Churita H. Hansell , City Attorney's Office, Mary Katherine Kaufman , City Attorney's Office, Miles L. Granderson , City Attorney's Office, Ralph Capitelli , Capitelli & Wicker & Sharonda R. Williams , City Attorney's Office.

Mitchell J. Landrieu, in his official capacity as the the mayor/chief executive of the City of New Orleans, Defendant, represented by Christy C. Harowski , City Attorney's Office, Cherrell R. Simms , City Attorney's Office, Churita H. Hansell , City Attorney's Office, Mary Katherine Kaufman , City Attorney's Office & Sharonda R. Williams , City Attorney's Office.

Ronal W Serpas, in his official capacity as the superintendent of the Department of Police, City of New Orleans, Defendant, represented by Christy C. Harowski , City Attorney's Office, Cherrell R. Simms , City Attorney's Office, Churita H. Hansell , City Attorney's Office, Mary Katherine Kaufman , City Attorney's Office & Sharonda R. Williams , City Attorney's Office.

City Civil Service Commission for the City of New Orleans, Parish of Orleans, Defendant, represented by Gilbert R. Buras, Jr. , Gilbert R. Buras, Jr., Attorney at Law.

Kevin W. Wildes, in his official capacity as chairman of the City Civil Service Commission for the City of New Orleans, Defendant, represented by Gilbert R. Buras, Jr. , Gilbert R. Buras, Jr., Attorney at Law.

City Civil Service Commission for the City of New Orleans, Parish of Orleans, Cross Claimant, represented by Gilbert R. Buras, Jr. , Gilbert R. Buras, Jr., Attorney at Law.

Kevin W. Wildes, in his official capacity as chairman of the City Civil Service Commission for the City of New Orleans, Cross Claimant, represented by Gilbert R. Buras, Jr. , Gilbert R. Buras, Jr., Attorney at Law.

New Orleans City, Cross Defendant, represented by Christy C. Harowski , City Attorney's Office, Brian J. Capitelli , Capitelli & Wicker, Cherrell R. Simms , City Attorney's Office, Churita H. Hansell , City Attorney's Office, Mary Katherine Kaufman , City Attorney's Office, Ralph Capitelli , Capitelli & Wicker & Sharonda R. Williams , City Attorney's Office.

FINDINGS OF FACT & CONCLUSIONS OF LAW

SUSIE MORGAN, District Judge.

This matter was tried before the Court, sitting without a jury, from February 5, 2014 to February 7, 2014.1 Having considered the testimony and evidence at trial, the pre-trial briefs submitted by the parties, the arguments of counsel, and the applicable law, the Court now issues the following Findings of Fact and Conclusions of Law in accordance with Federal...

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