A divided Commonwealth Court en banc panel has revived a lawsuit that the police union brought against Philadelphia and the city’s District Attorney’s Office, finding that police officers have a constitutional interest in being removed from a list of allegedly problematic officers who prosecutors believe are unfit to be called to testify at trial.

The intermediate appeals court ruled 5-2 Tuesday to overturn a Philadelphia Court of Common Pleas judge’s 2019 decision to dismiss the case at the preliminary objections phase. The Fraternal Order of Police’s lawsuit argues that the so-called “do not call” list maintained at the District Attorney’s Office causes officers on the list to suffer reputational harm, and that the constitution requires officers be given the opportunity to contest being placed on the list and be heard when they seek to be removed from the list.

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