AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Associating With Known Criminals

     Monthly Law Journal Aritlce: Associating With Known Criminals, 2007 (4) Mo. LJ 201.
     Monthly Law Journal Article: Does Ordering an Employee to Refrain From Certain Personal Contacts Violate Constitutional Due Process? by Michael P. Stone and Marc J. Berger, 2007 (3) AELE Mo. L.J. 501.
     Appellate court rejects the claims of a deputy sheriff who was terminated for engaging in a personal relationship with a known prostitute and heroin addict in violation of the department's association policy. Bautista v. County of Los Angeles, #B219035, 2010 Cal. App. Lexis 2054.

     Federal appeals panel affirms the termination of a 20-year veteran Customs and Border Patrol officer because she married an illegal alien. The penalty was not unjust because she had been suspended four times since 2002. Olmos v. Dept. Homeland Security, #2010-3009, 2010 U.S. App. Lexis 2373 (Unpub. Fed. Cir.).
     Arbitrator finds that management lacked just cause to terminate an off-duty police officer for frequenting a bar that is a known hangout for gangs, where other officers also visited the premises without suffering disciplinary action. City of El Paso and Individual Grievant, AAA Case #70-390-00665-04, 124 LA (BNA) 1583 (Jennings, 2008).
     Arbitrator sets aside the discharge of a correctional officer for violating a work rule prohibiting the forming of a romantic relationship with a prisoner; their relationship had started 14 years prior to his incarceration. GEO Group/Wackenhut Corp. and Delaware Co. Prison Employees Ind. Union, 120 LA (BNA) 729, FMCS Case #04/05495 (Almenoff, 2004). [2005 FP May]
     Appellate court sustains the termination of an officer who "associated with a person she had reason to believe was engaged in criminal activity. Her argument that the penalty of dismissal is unduly harsh was without merit. Cottingham v. Kelly, #4266, 782 N.Y.S.2d 462 (N.Y. App.Div. 2004). {N/R}
     Federal court in Connecticut refuses to grant injunctive relief to corrections officers facing disciplinary action for their membership in the Outlaws motorcycle gang. Piscottano v. Murphy, #3:04cv682, 2004 U.S. Dist. Lexis 8614 (D. Conn. 2004). [2004 FP Sep]
     Federal appeals court overturns an arbitration award reinstating a Border Patrol Agent who bailed out a woman, who lived at his home, on a cocaine possession charge. The fact the woman was never convicted is not determinative. James v. Dale, #03-3030, 355 F.3d 1375, 2004 U.S. App. Lexis 1098 (Fed. Cir. 2004). [2004 FP Apr]
     Arbitrator rejects the defense that a terminated jail officer was only a high school graduate and could not be expected to understand a rule prohibiting association with current and ex-inmates. A disparate punishment claim also was overruled. El Paso County Sheriff's Dept. and Individual Grievant, 117 LA (BNA) 1304, AAA Case #70-390-00110-01 (Moore, 2002). [2003 FP Apr]
    California Appeals Court upholds the termination of a clerk, at a police association's insurance office, for having an ongoing intimate relationship with a convicted felon. Access to officers' confidential files was incompatible with her behavior. Ortiz v. L.A. Police Relief Assn., #B148574, 2002 Cal. App. Lexis 4192, 02 C.D.O.S. 4813 (Cal.App.2d Dist. 2002). [2002 FP Aug]
     Appellate court sustains termination of police officer who married a convicted felon. Merrifield v. IL St. Police Bd., 691 N.E.2d 191, 1997 Ill. App. Lexis 926, 229 Ill.Dec. 255 (App. 1997). [1998 FP 68-9]
     DEA agent was properly terminated for maintaining a sexual relationship with a criminal informant. Rackers v. DoJ, #CH-0752-97-0218-I-1, 79 M.S.P.R. 262, 1998 MSPB Lexis 870 (1998). {N/R}
     Federal court refuses to reinstate a police officer who was fired for his friendship with a murder suspect. Tillman v. City of West Point, 953 F.Supp. 145 (N.D.Miss. 1996). [1997 FP 147]
     Federal court upholds termination of trooper for association with a drug dealer; trooper failed to prove a "familial" relationship that might be protected by the First Amendment. White v. Fla. Hwy. Patrol, 928 F.Supp. 1153 (M.D.Fla. 1996). [1997 FP 51-2]
     Appellate court sustains the firing of a nontenured officer for consorting with a woman that he arrested for drug possession. Riveros v. City of Los Angeles, 1995 Cal.App. Lexis 50, 41 Cal.App.4th 1342, 49 Cal.Rptr.2d 238; modified at 1995 Cal.App. Lexis 138. [1996 FP 51]
     Federal appeals court upholds county jail regulation which prohibits social involvement between corrections officers and inmates. Keeney v. Heath, 68 FEP Cases (BNA) 80, 57 F.3d 579 (7th Cir. 1995). [1995 FP 148]
     Arbitrator affirms termination of a prosecutor's stenographer who is married to an active drug dealer. District Attorney, Riverside Co. and Publ. Emplees. Assn. (Lares), #D 9495-016, 33 (1624) G.E.R.R. (BNA) 951 (Rehmus, 1995). [1995 FP 148]
     Federal court upholds right of a corrections officer to share accommodations with an ex-felon; intermediate scrutiny not applied. Reuter v. Skipper, 832 F.Supp. 1420 (D. Ore. 1993). Federal appeals court affirms, 4 F.3d 716 (9th Cir. 1993); cert. den., 114 S.Ct. 1397 (1994). [1994 FP 4, 101].
     Appellate court overturns termination of asst. chief of police for conduct unbecoming by associating with a known addict. Asst. chief claimed he was cultivating an informant and the dept. lacked guidelines or directives for this purpose. Flosi v. Board of Fire & Police Cmsnrs. of Rock Falls, 582 N.E.2d 185 (Ill.App. 1991). [1992 FP 20-21]
     Arbitrator upholds termination of a corrections officer for lying about the theft of his service revolver and associating with a former jail inmate. He was not discharged because of his being a gay officer. Hamilton Co. Sheriff's Dept. and L-100 IBOT, 99 LA (BNA) 6, FMCS #91/17346 (Duff, 1992). {N/R}
     Federal Court strikes down "association with known criminals'; rule as facially overbroad. Dunn v. McKinney, 622 F.Supp. 259 (D. Wyo. 1985).
     Ex-officer could not prevail in his damage suit for First Amendment infringement. His association with friends and acquaintances, who were under criminal investigation, was not a constitutionally protected right. Vieira v. Presley, 988 F.2d 850 (8th Cir. 1993). [1994 FP 7]
     Federal court sets aside the termination of a corrections officer who testified as a character witness in behalf of a murder defendant. Ziccarelli v. Leake, 767 F.Supp. 1450 (N.D. Ill. 1991). [1992 FP 135-6]
     Arbitrator upholds rule prohibiting county prosecutors from associating with known felons, except family members, in any non-work capacity was not unreasonable. Genesse Co. Mich. and AFSCME C-25 L-496, 89 LA (BNA) 1209 (McDonald, 1987). {N/R}
     Supreme Court recognizes a right to intimate association; family relationships and marriage should be afforded greater protection from government interference than merely social ones. Decision may affect the enforceability of association and fraternization bans by public employers. Roberts v. U.S. Jaycees, 468 U.S. 609 (1984). {N/R}
     Termination of deputy for dating crime figure's wife upheld by federal court. Baron v. Meloni, 602 F.Supp. 614 (W.D. N.Y. 1985); Baron v. Meloni, 556 F.Supp. 796 (W.D. N.Y. 1983).
     Suspension warranted when officer "fraternized" with ex-con, even though conviction was nearly 20 years ago. Morrisette v. Dilworth, 59 N.Y.2d 449, 452 N.E.2d 1222 (1983), affirming 454 N.Y.S.2d 864.
     Officer wrongly terminated for dating daughter of crime figure awarded $324,429; reduced to $234,429 on appeal. Wilson v. Taylor, 733 F.2d 1539 (11th Cir. 1984); also see 658 F.2d 1021 (5th Cir. 1981).
     Prohibition of association with persons of ill repute upheld by arbitrator; punishment affirmed. Township of Dewitt and Fraternal Order of Police Lodge 141, CCH PBC Section 45,305 (1980).
     Illinois Supreme Court upholds the termination of a police lieutenant who traveled to Europe with Tony Accardo, even though the alleged gangster had not been convicted of a felony. The act was "conduct unbecoming" of an officer. DeGrazio v. Civ. Serv. Cmsn. of Chicago, 31 Ill.2d 482, 202 N.E.2d 522, 1964 Ill. Lexis 286 (1964). {N/R}

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