OFFENSE

EMPLOYER’S PENALTY

RESULT ON APPEAL

DESCRIPTION

CASE NAME

Excessive Force

Termination

Termination

Officer was one of three officers who repeatedly used their batons to strike an attempted suicide victim to gain control over him. The victim died shortly afterwards of a heart attack. Though the other two officers were not terminated, termination upheld because third officer admitted using his baton as a restraint device in a manner not taught in the academy, and had a significant disciplinary history.

Penny v. City of Memphis, 2008 WL 657834 (Tenn.App. 2008).

Negligence

Demotion

Reversal Of Demotion@

Lieutenant demoted for inadequately supervising officers when a suspect escaped into a park next to the police station. Evidence failed to establish that the lieutenant committed an inappropriate act, and the negligence of his subordinates cannot properly be imputed to the lieutenant.

Austin v. Department of Police, 2008 WL 616091 (La.App. 2008).

Performance Of Duty

Written Reprimand

Written Reprimand

Sergeant did not report seeing injuries on a suspect who alleged that an officer used inappropriate force. The Court based its decision in part on the fact that “the integrity of the New Orleans Police Department has been called into question on many occasions, and for this reason, the rules are not to be taken lightly.”

Joseph v. Department of Police, 2008 WL 615420 (La.App. 2008).