Court of Appeals Clarifies Procedures for Challenging Denial by MPD of Non-Chargeable Sick Leave

On December 12, 2013, and again on January 16, 2014, the District of Columbia Court of Appeals issued decisions holding that a denial by the Metropolitan Police Department (“MPD”) of a police officer’s request for non-chargeable sick leave is reviewable — in the first instance — by the Superior Court of the District of Columbia, and — in the second instance — by the Court of Appeals. The decision of December 12, 2013 was a case of first impression with respect to this holding, whereas the decision of January 16, 2014 essentially just followed the December 12, 2013 decision. In each case, with respect to the substantive issue of whether the appellant police officer was actually entitled to non-chargeable sick leave, the Court of Appeals remanded for further proceedings. The aforementioned decisions are Nunnally v. D.C. Metropolitan Police Department, No. 11-CV-609, slip op. (D.C. Dec. 12, 2013) and Newell-Brinkley v. Walton, No. 12-CV-416, slip op. (D.C. Jan. 16, 2014).