Retired teacher, Robert Davis, accused /*Officer Robert Evangelist*/ of throwing him against a wall and joining other officers in beating him while he was being held down on the ground.
Evangelist was acquitted of criminal charges in the case.
Wednesday's ruling will stand assuming there are no other appeals made.
New Orleans agreed last month to settle a lawsuit that Davis filed over his arrest but the terms are not being disclosed.
AP contributed to this report
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