Gray v. Department of Police, 89-C-1282

CourtSupreme Court of Louisiana
Citation545 So.2d 537
Docket NumberNo. 89-C-1282,89-C-1282
PartiesJimmy GRAY v. DEPARTMENT OF POLICE 545 So.2d 537
Decision Date30 June 1989

In re Police Dept. of;--Defendant(s); 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 Civil Service Commission to permit both parties to put on additional evidence.

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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