Corrections Employees' Association With Motorcycle Club Constituted Expressive Activity On Matter Of Public Concern
Plaintiffs in this case were employees of the Connecticut Department of Correction (“DOC”) who brought suit claiming that the DOC violated their First Amendment rights by disciplining them on account of their membership in, and their association with members of, the Outlaws Motorcycle Club.
In affirming the U.S. District Court’s dismissal of those claims, the 2nd Circuit held that: (1) The conduct of the correctional employees of consorting with the Outlaws Motorcycle Club and wearing Club colors and apparel in public constituted expressive activity on a matter of public concern, as required for the employees to prove that their terminations were in retaliation for exercising their freedom of expressive association; but (2) The DOC’s interest in maintaining the efficiency, security, and integrity of its operations outweighed the interests of the correctional employees in associating with the Outlaws, and imposition of discipline on the employees did not violate their freedom of expressive association, inasmuch as gang fights involving correctional officers would reflect negatively on the department, and the allegiance of department employees to club members in prison could jeopardize the department's collaboration with other law enforcement agencies.
Piscottano v. Murphy
The 2nd Circuit Court of Appeals’ jurisdiction includes New York, Vermont and Connecticut.