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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}