Legal Opinion · Concurrence

McMasters v. Department of Police

Louisiana Court of Appeal

Decided May 15, 2015No. 2013-CA-0348Published

1ConcurrenceLombard, J.

| pursuant to La.Rev.Stat. 40:2531, an investigation arising from a formal complaint against a police officer shall be initiated within fourteen days of the date the complaint is lodged and “shall be .completed within sixty days.” La.Rev.Stat. 40:2531(B)(7). In 2005, we interpreted “shall” to be mandatory, not discretionary, see Davis v. New Orleans Police Department, 04-1023 (La.App. 4 Cir. 2/2/05), 899 So.2d 37, writ denied, 05-941 (La.5/20/05), 902 So.2d 1057, but the Louisiana Supreme Court subsequently determined that the sixty-day period in the statute was only aspirational because the.…

2Cases cited5 opinions

  1. Marks v. New Orleans Police Dept.Supreme Court of Louisiana · 2006
  2. O'Hern v. Department of PoliceSupreme Court of Louisiana · 2013
  3. Davis v. New Orleans Police Dept.Louisiana Court of Appeal · 2005
  4. O'Hern v. Department of PoliceLouisiana Court of Appeal · 2012
  5. McMasters v. Department of PoliceLouisiana Court of Appeal · 2013

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