City Attorney Updates

FOR IMMEDIATE RELEASE
June 5, 2009

City Attorney Update: Case: Willie Lee v. Department of Police, 129 S.Ct. 1306 (Mem)

Case: Willie Lee v. Department of Police, 129 S.Ct. 1306 (Mem), 77 USLW 3088, 77 USLW 3463, 77 USLW 3467, U.S.La., February 23, 2009 (NO. 08-159) United States Supreme Court, Denial of Writ of Certiorari to the Louisiana Court of Appeal, Fourth Circuit, Appeal of Civil Service Commission case 7099.

Ruling: The United States Supreme Court denied Certiorari of a writ application from the Louisiana Appellate Court, Fourth Circuit, en banc decision, which overturned and remanded the Civil Service decision to reinstate police officers who abandoned their posts during or after Hurricane Katrina.

Case Summary: The Superintendent of Police terminated numerous police officers from the department for their desertion of duty during and after the Hurricane Katrina period. The officer in this case never reported for hurricane duty. As the officer still had not reported to duty by October 24, he was dropped from the rolls without having a hearing prior to his dismissal. The officer appealed his termination, claiming that his due process rights had been violated. The Civil Service Commission agreed with the officer, and ordered his reinstatement. The City then appealed to the decision to the Fourth Circuit, which found that in this particular set of circumstances:

“We can hardly envision a scenario when enforcing appropriate standards
of conduct was ever more important than in the aftermath of Hurricane Katrina. In addition, we find that the [Civil Service Commission’s] rulings relying solely on the absence of a pretermination hearing when truly extraordinary circumstances present themselves would set a dangerous precedent on future disciplinary actions …”

The involved officer then appealed to the Louisiana Supreme Court who denied writs, and he then appealed to the United States Supreme Court. The Court ordered that briefs be submitted, and then after consideration, denied the writ request.

Victor L. Papai, Jr.
Assistant City Attorney
Police Federal Litigation Team

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