Officer Misconduct
A Marco Island, Florida officer found himself on the Brady/"Do-Not-Subpoena" list for being accused of this: known as giving untruthful sworn testimony.
What is "perjury"
No, we're not in Salem, MA circa 1692. But the Philadelphia Police Union has described the Philadelphia DA's use of a Brady list as this type of pursuit.
What is a "witch hunt"
A Section 1983 Plaintiff who is seeking relief by pleading a Brady violation must hit three prongs to have a viable claim.
First, “[t]he evidence must be favorable to the accused, because it is exculpatory or impeaching”, second, “[t]he evidence was suppressed by the state, intentionally or inadvertently”, and third, “[t]he failure to disclose was this, meaning a reasonable probability that had the evidence been disclosed the result have been different, either as to guilt or punishment.” (Hint: it's the second part of a famous Jane Austen novel's title)
What is "prejudice" or "prejudicial"
Executive conduct may rise to the level of a due process violation if it is conduct that does this three word phrase, the first word of which is what would happen if I stuck a fork into an outlet.
What is "shocks-the-conscience"
There is a ____ in the literature as it relates to legal remedies for people arrested by Brady officers. It's also known as an American multinational clothing and accessories retailer, or a warning to be careful when crossing this between a train and a platform in London.
What is a "gap"
Police Officers who find themselves on a Brady/Giglio "Do-Not-Call" list can no longer give this form of evidence in the courtroom, but can still carry a gun, earn a full salary, and sometimes continue to arrest people.
What is "testimony"
Under Brady v. Maryland, when this is favorable and material to either guilt or punishment, prosecutors are required to it over. Also known as a class that Professor Dempsey teaches.
What is "Evidence"
A person who is arrested by a Brady officer with probable cause cannot sue alleging this specific type of 1983 claim: if it were opposite day, we'd call it "true release."
What is "false arrest"
The Court in County of Sacramento v. Lewis stated that in "non-emergency" situations, this two word test should govern claims alleging abuse of executive power that rise to a legally recognizable level.
What is "deliberate indifference"
A Jacksonville Police Sergeant was placed on a Brady/Giglio list but continues to remain able to perform traffic stops. He has this number of discipline complaints filed against him, the same number as the last two numbers in the year Griswold v. Connecticut was decided.
What is 65
In 1972, Giglio v. United States extended Brady's reach to this type of evidence. Bill Clinton and Richard Nixon are shaking in their boots!
What is "impeachment evidence"
A person who is arrested by a Brady officer cannot succeed on this type of specific 1983 claim, whose elements are “(i) the suit or proceeding was “instituted without any probable cause”; (ii) the “motive in instituting” the suit “was malicious,” . . . and (iii) the prosecution “terminated in the acquittal or discharge of the accused.”
What is "unlawful detention"
Other than creating a new substantive due process right to protect the rights of those who are arrested by Brady officers, police departments can also try and do this to the officers to solve the issue.
Also known as the last element in the band "Earth, Wind, and this"
What is "fire"