2021-C-00476 Precedential Reinstated Processed

Jimmie Turner v. New Orleans Police Department

Louisiana Supreme Court · Filed June 29, 2021

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Opinion text

Supreme Court of Louisiana
June 29, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
JIMMIE TURNER
VS.
NEW ORLEANS POLICE DEPARTMENT
No. 2021-C-00476
_ _
_ _ _ _
I
N RE: New Orleans Police Department - Applicant Defendant; Applying For Writ
Of Certiorari, , City Civil Service Commission Orleans Number(s) 8853, Court of
Appeal, Fourth Circuit, Number(s) 2020-CA-0387;
_ _ _ _ _ _
June 29, 2021
Writ application granted. See per curiam.
Weimer, C.J., would grant and docket.
Hughes, J., would deny.
Crichton, J., additionally concurs and assigns reasons.
SJC
JTG
WJC
JBM
PDG
06/29/2021 "See News Release 027 for any Concurrences and/or Dissents."

06/29/21
S
UPREME COURT OF LOUISIANA
No
. 2021-C-00476
J
IMMIE TURNER
VS.
NEW ORLEANS POLICE DEPARTMENT
O
n Writ of Certiorari to the Court of Appeal, Fourth Circuit,
Parish of Orleans
PE
R CURIAM
Granted. The decision of the court of appeal is reversed and the ruling of the
Civil Service Commission is reinstated. Based on the particular facts of this case,
we find the Commission’s decision upholding Mr. Turner’s demotion was not
arbitrary and capricious and did not constitute an abuse of discretion. See Regis v.
Dep’t of Police , 13-1124 (La. 6/28/13), 121 So.3d 665 (per curiam); Gant v. New
Orleans Police Dep’t, 19-0640, p. 14 (La.App. 4 Cir. 12/4/19), 286 So.3d 524, 533
(“under the arbitrary and capricious standard, [an appointing authority] need only
advance a rational basis for its disciplinary decision”).
RE
VERSED; CIVIL SERVICE COMMISSION JUDGMENT REINSTATED