North Carolina Court Revives Lawsuit Challenging State’s Giglio Law

RALEIGH, N.C. — North Carolina’s 2021 “Law Enforcement Duty to Intervene” statute was designed to strengthen police accountability. Passed unanimously by the General Assembly, House Bill 536 included new rules for reporting what are known as “Giglio materials,” named for the 1972 U.S. Supreme Court case Giglio v. United States. That decision requires prosecutors to disclose information that could call a witness’s credibility into question.

Under the law, officers who receive a “Giglio letter” — notice that they cannot testify in court due to credibility concerns — must report it within 30 days to both their agency and a state law enforcement commission. The letter and related information are then placed in a statewide database accessible to potential employers.

Supporters said the measure would improve transparency and help agencies avoid hiring officers with integrity issues. But critics warned it lacked a process for officers to challenge such letters, which can effectively end a law enforcement career. The Southern States Police Benevolent Association has called the Giglio letter “the death letter” for an officer’s profession.

The Case of Officer SeanPatrick Leech

A lawsuit at the center of this debate has been filed by former Roxboro Police Officer SeanPatrick Leech.

In 2021, Leech became involved in the aftermath of a reported rape case. According to a North Carolina Court of Appeals opinion, his role began after the alleged victim discovered a boxcutter at home days later. The victim told police the tool had not been used during the assault. Leech collected the boxcutter, confirmed with his supervisor that it was not needed for the investigation, and later discarded it. The Appeals Court said Leech “did not knowingly dispose of evidence.”

When the district attorney’s office later sought the boxcutter, Leech immediately explained the situation and cooperated with an internal affairs investigation. That inquiry found inconsistencies between his statements and those of his supervisor, but no evidence of dishonesty.

Despite that finding, District Attorney Michael Waters issued Leech a Giglio letter in September 2021, citing “dishonesty.” The letter prompted Roxboro police to give Leech the choice of resignation or termination. He resigned.

A 2023 hearing before the state standards commission later found no probable cause to support the accusations in the letter. But the ruling did not remove Leech’s name from the Giglio database, and Waters declined to withdraw the letter. Leech then filed suit, challenging both the DA’s decision and the constitutionality of the 2021 law itself.

Appeals Court Reinstates Lawsuit

A trial judge dismissed Leech’s case in June 2024. On Oct. 1, a three-judge panel of the North Carolina Court of Appeals unanimously reversed that decision, allowing Leech to bring his claims back to the trial court.

While the appellate judges did not rule on the merits, they emphasized a key argument in Leech’s case. Judge April Wood wrote that Leech “contends that law enforcement officers are denied any due process protections including notice or hearing prior to being listed in the Giglio database based on vague and subjective standards.”

That argument could ultimately be reviewed by a special three-judge panel to determine whether the law violates constitutional due process protections.

Broader Implications

Leech’s case underscores the tension between transparency and fairness in law enforcement oversight. If a Giglio letter effectively ends an officer’s career, critics argue that procedural safeguards are essential to prevent unjust harm.

The Appeals Court decision does not guarantee Leech’s victory, but it opens the door for a broader examination of how North Carolina’s Giglio law operates — and whether it strikes the right balance between public accountability and individual rights.