OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Conduct Unbecoming, On Duty

Demotion And 5-Day Suspension

5-Day Suspension

Sergeant physically assaulted and verbally abused officer. Demotion reversed on double jeopardy grounds since employer first suspended sergeant.

City of Duquesne, 126 LA 1723 (Felice, 2009).

Driving Offenses

5-Day Suspension

No Discipline

Lieutenant suspended for careless driving and driving the wrong way on a one-way street, resulting in a collision and causing damages of $23,000. Employer failed to prove that the lieutenant’s driving was careless.

Bobb v. Department of Police, 2009 WL 3153187 (La. App. 2009).

Insubordination

Demotion

Reversal Of Demotion

After successfully requesting a vacation day off, corporal called in sick and did not report for work. Demotion reversed because of failure to accord pre-disciplinary hearing.

Burgess v. Moore, 2009 WL 3255127 (W.Va. 2009).