Peyton v. New Orleans Police Department

GULOTTA, Judge.

Defendant appeals from the Civil Service Commission’s judgment setting aside Lee Peyton’s departmental termination and imposing a thirty day suspension. We affirm.

The basis for Officer Lee Peyton’s suspension and subsequent dismissal from the police department by the appointing authority was his role, while not in uniform and on sick leave, in striking Gregory Ko-gos on August 14, 1982.

On that date, Officer Peyton and his brother Timothy Peyton, while in a bar, became involved in a fight with two intoxicated individuals, Brian Donahue and Gregory Kogos, after Donahue made…