From Washington:
Question: We are researching the potential for limiting overtime hours an officer can work between rest periods. Our concern centers on the wellness and safety of our officers who work significant amounts of overtime outside their normal shifts either through covering shift vacancies or working special events. Has there been any case law or studies that address this issue?
Answer: Your fact pattern is pretty specific, and I am not aware of any studies focused on the cumulative impact of overtime shifts on officer wellness. I think your best bet is to look for more general literature on the impact of work hours and, particularly, sleep deprivation given the irregular pattern of overtime shifts. The National Institute of Justice Journal can usually be counted on to publish studies on police and sleep deprivation every so often, I seem to recall a few interesting articles from them over the years. Of course, NIH published a meta-analysis of studies on police and sleep not too long ago “Sleep Quality among Police Officers: Implications and Insights from a Systematic Review and Meta-Analysis of the Literature,” so that can give you a broad sense of what the science was telling us at least before COVID.
From Minnesota:
Question: I am a retired union attorney trying to help an officer unfairly placed on a Brady list. Has anyone that you know of had success challenging their placement on a Brady list? What process was used? A defamation action or similar seems like a possibility. Appreciate any ideas or info on other cases where officers have challenged the label and work consequences.
Answer: The biggest hurdle for officers in relation to improper placement on or refusal to remove from a Brady/Giglio list is the fact that prosecutors enjoy tremendous immunity in relation to those decisions. There have been some good cases, in New Hampshire and Pennsylvania in particular, in which officers have been successful in either securing removal from a list or in securing meaningful due process requirements related to their placement on a list. Some state legislatures have also addressed this. Iowa has a particularly strong (and recent) law. LRIS Premium subscribers have access to our extensive database of case summaries from our archives. We regularly report Brady/Giglio decisions, so you may wish to check out the archives.
Submit questions on public safety labor and employment issues, visit our website at www.LRIS.com. LRIS does not provide any legal advice, and users of this Q&A service and the LRIS website should consult with their own lawyer for legal advice. LRIS is a general service that provides information over the Internet. We are not a law firm and our employees are not acting as your attorney. The information contained in the Site is general legal information and should not be construed as legal advice to be applied to any specific factual situation.