Anti Fraternization Policy

The First Amendment of the United States Constitution states that “ c ongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof or abridging the freedom of speech, or of the press or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” 5 Employees who have been disciplined or terminated for association with a current or former inmate assert that these punitive measures violate their constitutional right to freedom of association or privacy.. The inmate was disciplined for violating a provision in the inmate handbook which stated that “ a ny inmate who participates in, or engages in, any unauthorized contact, interaction, or relationship with a staff member or volunteer shall be subject to disciplinary action.” The court affirmed the inmate’s discipline, finding that the nurse fit the handbook provision’s definition of employee, as “her services as a nurse within a state prison were clearly part and parcel of the Department of Correction s delivery of medical care to inmates.” The court further reasoned that, “ t he constraints on undue fraternization should not evaporate when a prisoner is transferred to a different building within the State penal system, given the regular movement of prisoners and personnel to and from the various institutions.” Leek v.. The second officer was terminated from his position for violating the Department of Corrections rule that stated “Employees shall not, without the express written approval of the appropriate Deputy Commissioner, maintain personal association with, engage in personal business or trade with, or engage in non-job related correspondence with, or correspond in behalf of or for, known inmates....” The State Personnel Board upheld his termination, while the Superior Court reversed the ruling and reinstated the officer.. The sheriff’s department had a policy that stated “ m embers shall not knowingly maintain a persona