Mayor Mitchell J. Landrieu
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State Supreme Court Sides with NOPD
November 09, 2013
State Supreme Court Sides with NOPD; Overturns 4th Circuit's Ruling
The Louisiana Supreme Court yesterday reversed the Fourth Circuit Court of Appeals' ruling which allowed a former New Orleans Police officer to get back his job with the Department.
The State Supreme Court ruled that the NOPD's Public Integrity Bureau (PIB) did not violate the Police Officers' Bill of Rights when it did not start an administrative investigation into former Officer Patrick O'Hern's case until after detectives had completed their criminal investigation into his actions. O'Hern was accused of firing his departmental gun multiple times at his personal vehicle on December 12, 2009. He was on duty at the time.
The Fourth Circuit Court of Appeals decided PIB's administrative investigation into O'Hern's case exceeded the amount of time permitted by state law. But after its review, the State Supreme Court ruled the NOPD's actions were within the confines of that law, and the department's investigation and disciplinary action against O'Hern was appropriate.
"Our position all along was that the NOPD was not violating the Police Officer Bill of Rights, and the State Supreme Court affirmed that fact yesterday. Our internal investigators will continue to conduct criminal and administrative cases within the law", said Superintendent Ronal Serpas.
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Contact: Remi Braden