Court of Appeals Reaffirms Constitutional Due Process Protection for Police Officers in Tully v. City of Wilmington

North Carolina Division

Aug 17, 2016

Today, the North Carolina Court of Appeals has issued a thundering decision in support of constitutional rights of police officers.

In Tully v. City of Wilmington, the Court ruled that North Carolina municipalities are constitutionally required to honor and obey their own personnel policies. This ruling may seem simple, which it is. It is a necessary ruling because cities, across the state, have for decades flagrantly violated their own personnel policies and denied police officers and employees the protections and benefits in their personnel policies.

Our Court of Appeals has sent a powerful message: police officers must be afforded due process of law and must not be treated arbitrarily. The police community has become the most abused class of all public employees. “This extraordinary decision gives hope to police officers and their families that they will receive fair treatment in the use of their personnel policies,” said NCPBA Executive Director, John Midgette.

“The PBA and police community greatly appreciates the extraordinary constitutional reasoning by our Court of Appeals,” said NCPBA President, Randy Byrd.

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