‘Absolute Immunity’ Even Shields Placement On Brady List For Political Reasons

A group of nine Pierce County, Washington, Sheriff’s Department law enforcement officers who were assigned to the Department’s Special Investigation Unit (SIU) sued Deputy Prosecuting Attorneys James Schacht and Fred Wist, former Sheriff Paul Pastor, Acting Sheriff Brent Bom­kamp, and Pierce County, claiming that they were wrongly placed on the local Brady list by Schacht…

Due Process And The Brady Rule

The Fraternal Order of Police Lodge 5 represents rank-and-file Philadelphia police employees. In March 2017 Philadelphia District Attorney, Seth Williams created a Police Misconduct Review Committee to identify Philadelphia police officers whose testimony should be avoided in criminal cases. As a result of the investigation, 66 officers who were accused of committing serious misconduct were…

Officer’s Brady Due Process Lawsuit Against Prosecutor Fails

Richard Roe was a veteran police officer who had served in different departments over about 17 years when he applied for a patrol officer position with the Department in July 2018. The Department, which the Court did not identify, is located within Marianne Lynch’s prosecutorial district in Penobscot County, Maine. During a polygraph examination conducted…

Officer’s Brady Lawsuit Against Prosecutor Survives

On February 8, 2017, Assistant Burleigh County (North Dakota) State’s Attorney Julie Lawyer received an anonymous letter concerning a Bismarck police officer’s destruction of evidence. The letter prompted Lawyer to review the files of all approximately 100 active, sworn Bismarck police personnel. As part of her investigation, Lawyer reviewed the file of Sergeant Robyn Krile.…

Brady Does Not Allow Employer To Fire Officer Without Providing Reasons

The Borough of Gettysburg, Pennsylvania and Local 776 of the Teamsters Union are parties to a labor contract covering police officers. In March 2017, the Borough’s Police Department referred a criminal investigation involving an officer (referred to only as “Grievant”) to the district attorney’s office. The District Attorney began an investigation, and eventually sent a…

Sheriff’s Department Can Provide Brady List To Prosecutor

The Association for Los Angeles Deputy Sheriffs (ALADS) represents 7,800 deputy sheriffs working for the Los Angeles County Sheriff’s Department. The Department sent a letter to roughly 300 of those deputies, informing them that a review of individual employees’ personnel records had “identified potential exculpatory or impeachment information in your personnel file.” According to the…

Wrongful Release Of Brady Information ‘Adverse Action’ For Employment Purposes

James Cleavenger was a public safety officer for the University of Oregon Police Department from March 2011 to October 2012, when his employment was terminated. Cleavenger sued the University, contending that the Police Chief retaliated against him for engaging in protected speech in violation of his First Amendment rights. A jury agreed with Cleavenger, and…

Major Brady Case From Texas

Stephanie Brown is an officer with the Georgetown, Texas Police Department. In January 2013, Brown was investigated by the Department because Eric Poteet, with whom Brown had formerly been in a relationship, alleged that Brown had been taking his prescription medication and had ingested mescaline. As a result of this investigation, Wayne Nero, the Georgetown…

Brady Does Not Necessarily Require Discharge Of Untruthful Trooper

Thomas C. Wetherington was employed as a trooper with the North Carolina State Highway Patrol. In 2009, Wetherington was fired for violating the Patrol’s policies on untruthfulness. After a variety of appeals, the matter ended up in the North Carolina Court of Appeals. The Court started with the proposition that under North Carolina law, “determining…