Supreme Court of Louisiana, 1989

Gray v. Department of Police

Gray v. Department of Police
Supreme Court of Louisiana · Decided June 30, 1989 · Lemmon
545 So. 2d 537; 1989 La. LEXIS 1646; 1989 WL 71395 (Southern Reporter, Second Series)

Gray v. Department of Police

Opinion of the Court

In re Police Dept, of; — Defendants); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, No. 88CA-2574; Parish of Orleans Civil Service Commission No. 3421.

Prior report: La.App., 543 So.2d 525.

Granted. Judgment of the Court of Appeal is reversed. Case remanded to the *538Civil Service Commission to permit both parties to put on additional evidence.

Concurring Opinion

LEMMON, J.,

concurs. Medical evidence on the effects of respondent’s blood alcohol content level may be introduced on remand because the Civil Service Commission erroneously took cognizance of the statutory presumption in a civil case. After introduction of the additional evidence, the Civil Service Commission should make its determination without regard to the statutory presumption.

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