Legal Opinion · Dissent

O'Hern v. Department of Police

Louisiana Court of Appeal

Decided December 19, 2012No. 2012-CA-0600Published

1DissentTobias, J.

_jjl respectfully dissent. The error of the majority: a misunderstanding of the difference between an informal DI-3 investigation and a formal DI-1 investigation (“Initiation of a Formal Disciplinary Investigation”) conducted by the appointing authority. I would reverse the judgment of the Civil Service Commission (“CSC”) and order that Officer O’Hern be restored to his position with all the emoluments and benefits due him together with an award of attorney’s fees for this appeal.

I agree with the majority that the facts are undisputed. They are stated substantially as I would. I do, however,…

2Cases cited5 opinions

  1. Marks v. New Orleans Police Dept.Supreme Court of Louisiana · 2006
  2. Evans v. DeRidder Mun. FireSupreme Court of Louisiana · 2002
  3. Wyatt v. Harahan Municipal Fire & Police Civil Service BoardLouisiana Court of Appeal · 2006
  4. Cornelius v. Department of PoliceLouisiana Court of Appeal · 2010
  5. State v. DelcambreLouisiana Court of Appeal · 1998

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