WALTER POWERS, JR., individually, and in his capacity of President of the Fraternal Order of Police, Crescent City Lodge #2, and its Members; FREDERICK C. MORTON, Plaintiffs - Appellants [...] v. UNITED STATES OF AMERICA; POLICE ASSOCIATION OF NEW ORLEANS; MICHAEL GLASSER, individually and as President of the Police Association of New Orleans, Inc., Intervenors - Appellees, CITY OF NEW ORLEANS, Defendant - Cross-Defendant - Appellee, MITCHELL J. LANDRIEU, in his official capacity as the mayor/ch [...]

The appellants challenge the district court's judgment upholding certain ordinances passed by the City of New Orleans related to paid detail for officers of the New Orleans Police Department. Even assuming that the ordinances substantially impaired paid detail contracts of NOPD officers, the ordinances would not be invalidated under the federal or state Contract Clauses because they were a reasonable exercise of the city's police power. Stemming police misconduct and improving the quality of policing qualifies as a significant and legitimate public purpose. The district court correctly concluded that the civil service commission does not have jurisdiction over NOPD paid details; the city, not the CSC, has the exclusive jurisdiction to set wage rates for NOPD paid details. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 14-30444, 04-15-2015

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UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

WALTER POWERS, JR., individually, and in his capacity of President of the Fraternal Order of Police, Crescent City Lodge #2, and its Members; FREDERICK C. MORTON, Plaintiffs – Appellants

v.

UNITED STATES OF AMERICA; POLICE ASSOCIATION OF NEW ORLEANS; MICHAEL GLASSER, individually and as President of the Police Association of New Orleans, Inc., Intervenors – Appellees, CITY OF NEW ORLEANS, Defendant – Cross-Defendant – Appellee, MITCHELL J. LANDRIEU, in his official capacity as the mayor/chief executive of the City of New Orleans; RONAL W. SERPAS, in his official capacity as the superintendent of the Department of Police, City of New Orleans; KEVIN W. WILDES, in his official capacity as chairman of the City Civil Service Commission for the City of New Orleans, Defendants – Appellees, CITY CIVIL SERVICE COMMISSION FOR THE CITY OF NEW ORLEANS, PARISH OF ORLEANS, Defendant Cross Claimant – Appellant Appellee

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