Labor & Employment Law

Correction officers disciplined for associating with the Outlaws Motorcycle Club

Correction officers disciplined for associating with the Outlaws Motorcycle Club
Piscottano v. Murphy, 511 F.3d 247

Connecticut state correctional officers discipline for associating with the Outlaws Motorcycle Club. [According to the Circuit Court?s decision, membership in the organization include the requirement that ?[f]or a period of at least 6 months, the probate officially is evaluated for membership and may be asked to perform some illegal activity to prove his loyalty? and that the Correction Department viewed such association a violation of its regulations prohibiting its employees from ?[e]ngaging] in conduct that constitutes, or gives rise to, the appearance of a conflict of interest,? and ?[e]ngag[ing] in unprofessional or illegal behavior, both on and off duty, that could in any manner reflect negatively on the Department of Correction.?

The officers sued the Department alleging that their rights under the First and Fourteenth Amendments were violated as a result of the disciplinary action taken against them. Of the four plaintiffs bring this lawsuit, three were dismissed from their positions with the Department and the fourth was placed on paid administrative leave and given a counseling memorandum warning that his continued associations with the Motorcycle Club could result in disciplinary action.

The Second Circuit affirmed the District Court?s dismissal of their complaint, rejecting the officers? claims that the district court:

1. Misapplied the ?public concern? test applicable to their freedom of association claims;

2. Should have found that a balancing of the parties? respective interests favored the correction officers subjected to the disciplinary action;

3. Should have ruled that the Correction Department?s actions adversely affected the correction officers? intimate personal relationships; and

4. Should have ruled that the Correction Department?s rule was unconstitutionally vague insofar as it was applied to their activities.

The text of the Second Circuit?s ruling is on the Internet at:

http://caselaw.lp.findlaw.com/data2/circs/2nd/053716p.pdf

Full post as published by New York Public Personnel Law on May 21, 2008 (boomark / email).