DR. LUCILLE PERRY Vs. CITY OF NEW ORLEANS (LAW DEPARTMENT)

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DR. LUCILLE PERRY * VERSUS NO. 2011-CA-0901 * COURT OF APPEAL CITY OF NEW ORLEANS (LAW DEPARTMENT) * FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM CITY CIVIL SERVICE COMMISSION ORLEANS NO. 7711, “” Hearing Officer No Hearing Officer, Hearing Officer ****** Judge Roland L. Belsome ****** ON APPLICATION FOR REHEARING (Court composed of Chief Judge Charles R. Jones, Judge Roland L. Belsome, Judge Paul A. Bonin) BONIN, J., DISSENTS FROM GRANT OF REHEARING Joel P. Loeffelholz 1010 Common Street Suite 2640 New Orleans, LA 70112 COUNSEL FOR PLAINTIFF/APPELLANT Victor L. Papai, Jr. Deputy City Attorney Nolan P. Lambert Senior Chief Deputy City Attorney 1300 Perdido Street City Hall - Room 5E03 New Orleans, LA 70112 COUNSEL FOR DEFENDANT/APPELLEE REHEARING GRANTED NOVEMBER 15, 2012 We grant rehearing to clarify an issue raised in the City of New Orleans’ application. This Court found that the Appellant, Dr. Lucille Perry, was wrongfully deprived of her classified service status without due process and ordered that the Appellant be returned to her classified position. The record indicates that the position no longer exists. Therefore, we remand the matter to the Civil Service Commission to reinstate Dr. Perry in a position comparable to what was ordered in this Court’s previous opinion. REHEARING GRANTED 1

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