Brady/Giglio Strategy for Officers

A disclosure list designation can restrict your testimony, close specialized assignments, and follow you into lateral hiring, even without a termination. It hardens the longer it sits. Lady Law Shield helps officers find out why they were placed on a list and work to clear their name.

Former Deputy Sheriff
Patrol, narcotics, and SWAT before law school
Police1 contributor
On disclosure lists and career impact after internal affairs
National IA Training speaker
April 2027, on retaliation, whistleblower protection, harassment, and discrimination
Based in Texas
Works with officers across the country on employment matters under federal law
The steps

If you are on, or headed for, a disclosure list

Timing narrows the options. Work through these eight steps.

  1. 1

    Know what the list is.

    Prosecutors must disclose information that could be used to challenge a government witness's credibility, including an officer's. Agencies and prosecutors keep lists of officers with that kind of information.

  2. 2

    Get the finding in writing.

    Request the internal affairs finding and the specific basis for the designation.

  3. 3

    Ask whether your name was forwarded.

    Ask, in writing, whether your name has gone to any prosecutor's office, and when.

  4. 4

    Identify the decision-maker.

    Find out who made the decision, the agency or the prosecutor, and under what policy.

  5. 5

    Check what it is based on.

    Many designations rest on an error, or on something procedural or administrative from years earlier, not on untruthfulness. The basis shapes the response.

  6. 6

    Look at the agency's role.

    If the decision traces to harassment, discrimination, or retaliation inside the agency, that can support a separate claim.

  7. 7

    Move early.

    A designation hardens the longer it sits, and the options narrow with time.

  8. 8

    Work both sides.

    The legal side, and the public side: legislators, the media, your department, and the prosecutor's office.

The one rule to remember

Get it in writing. Find the decision-maker. Move before it hardens.

What counts
"I believe the manner in which Brady/Giglio lists are used in almost every state violates the 14th Amendment of the US Constitution, which is due process."

Bridget Truxillo, on the Lady Law Shield blog

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It can end a career without a firing.

Testimony restrictions, lost specialized assignments, and barriers to lateral hiring can follow a designation.

Many cases are not about lying.

In the cases brought to the firm, the reason is often an error or an old administrative matter, not untruthfulness.

Notice and a hearing are rare.

Officers are often placed on a list with no notice and no opportunity to be heard.

Private issues get ignored.

A department and a prosecutor's office can ignore a private issue. A public one is much harder to ignore.

Who decided matters.

The agency, the prosecutor, and the policy each point to a different response.

Further reading

After internal affairs

In Police1, Bridget explains how a designation can restrict testimony, cost specialized assignments, and follow an officer into lateral hiring, and what to request in writing. On Blue Grit, she talks about Brady laws and the blurry line between criminal and civil exposure.

How the firm helps

Where the work starts

A designation is often private, and that is part of the problem. The work starts with finding out how it happened, then pressing on both the legal side and the public side.

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  1. 1

    Finds out how it happened

    The firm looks at the finding, the basis, the decision-maker, and the agency's role in it.

  2. 2

    Works the legal side

    If a claim exists, against the agency or over the process, you hear what it would be based on.

  3. 3

    Works the public side

    A six-month program to raise the issue with legislators, the media, your department, and the prosecutor's office.

Bridget Truxillo in a blue suit, seated in front of an abstract painting
Bridget Truxillo, JD

Built by a Cop, for Cops and First Responders

Bridget was a Deputy Sheriff in Florida, spending time on patrol, in the Narcotics and Organized Crime Unit (NOCU), and on the SWAT team. She experienced the pressures of law enforcement firsthand, in the field and within her own department. Then she became an attorney.

"I have recommended Lady Law Shield since my positive experience and will continue to do so. It is a positive to have an attorney with experience in the Law Enforcement profession. I believe the integrity, ethics and dedication by Lady Law Shield is unmatched."
Vera, client
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Quick answers

Questions officers ask

What is a Brady list for police officers?

A list of officers whose records include information a prosecutor must disclose to the defense because it could be used to challenge their credibility as a witness. The duty comes from Brady v. Maryland and Giglio v. United States. Being on a list can restrict an officer's testimony, close specialized assignments, and make lateral hiring harder, even without discipline or a termination.

How do I find out if I am on a Brady list?

Ask. Put a written request to your agency asking whether your name has been forwarded to any prosecutor's office, when, and on what basis. Ask for the internal affairs finding in writing, and who made the decision. Practices differ by state and by prosecutor's office, and some keep lists without telling the officer. A written answer, or a refusal, is part of the record.

Can a police officer get removed from a Brady/Giglio list?

Sometimes. The path depends on who keeps the list, what the designation is based on, and the rules in your state. Many designations rest on errors or old administrative matters rather than untruthfulness. Removal usually starts with getting the basis in writing and challenging it through the agency and the prosecutor's office, sometimes alongside public pressure. Move early, because options narrow over time.

Can I lose my job for being on a Brady list?

It can end a career without a firing. An officer who cannot testify may lose patrol, investigative, or specialized assignments, and some agencies move to terminate. A designation can also follow an officer into lateral hiring. If the decision traces to harassment, discrimination, or retaliation inside the agency, that may support a separate legal claim. Get advice before the designation hardens.

Do officers get a hearing before being placed on a Brady list?

Often, no. In many places, officers are placed on a list with no notice and no opportunity to be heard. Bridget believes the way these lists are used in almost every state violates due process under the 14th Amendment. Some states have created procedures, so check yours. Either way, request the basis in writing and challenge it early.

This page is general information, not legal advice. Laws and department procedures vary, and every situation is different. Speak with an attorney about yours.

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