Philadelphia District Attorney’s Office Wins Court Battle Against Police Union Over ‘Do Not Call List’

The Fraternal Order of Police Lodge 5's relationship with District Attorney Larry Krasner relationship has been fraught from the very beginning

The Philadelphia District Attorney's Office won another battle Friday in its ongoing feud with the local police union.

The Philadelphia Court of Common Pleas ruled against a lawsuit filed earlier this year by the Fraternal Order of Police Lodge 5, which claimed that the DA's office violated police officers' rights by maintaining a "Do Not Call List" filled with the names of cops whose past misconduct branded them as unreliable witnesses.

That list, started by District Attorney Larry Krasner's predecessor, falls "well within [his] official capacities in carrying out his duties as Philadelphia District Attorney," the court ruled. "Krasner has the inherent discretion to determine if, as in this case, police officer misconduct should be noted as potentially exculpatory impeachment evidence."

The court added that Krasner has an "obligation" to the information because it could negatively affect the outcomes of future court cases.

A spokesperson for the FOP said the union will appeal the court's decision but provided no further comment.

Meanwhile, Krasner accused FOP Lodge President John McNesby of "continuing to waste members’ dues on frivolous, costly, and politically motivated litigation."

“John McNesby and the FOP leadership should stop engaging in publicity stunts and baseless smears of citizens they purport to serve, and start focusing on helping the Philadelphia Police Department become the modern, trusted, and effective organization the majority of good officers and staff want it to be," Krasner said in a statement.

The FOP-Krasner relationship has been fraught from the very beginning.

Even before Krasner was elected, McNesby warned that Krasner's tenure would create a "rough road" for police officers because the former civil rights lawyer "sent the message early in his career that he's anti-law enforcement," according to the Philadelphia Inquirer. Indeed, Krasner famously sued the Philadelphia police department more than 70 times before becoming district attorney.

Once he assumed office, the clash continued.

McNesby has been an outspoken supporter of Maureen Faulkner, whose police officer husband was killed in 1981 by Mumia Abu-Jamal. Faulkner recently filed a petition asking that the Pennsylvania Attorney General's office to assume control of any future appeals in that case. 

Then, earlier this week, McNesby slammed Philadelphia Eagles star safety Malcolm Jenkins for writing an opinion piece that was critical of the police department. Jenkins is an avid Krasner supporter and Krasner, in turn, defended the football player against attacks by the FOP. 

"Jenkins was right," Krasner said Thursday during a news conference on an unrelated matter

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