Anti-Fraternization Policies and their Utility in Preventing Staff Sexual Abuse in Custody

“Many custodial facilities have implemented anti-fraternization policies that regulate contact between staff and inmates. These policies either limit, or altogether prohibit, interactions between employees and current or former inmates and their families. Correctional employees who are adversely affected by their agency’s anti-fraternization policies most often challenge these polices under the First Amendment, which guarantees the right to freedom of association. Courts generally uphold the agency’s anti-fraternization policy against such challenges, and cite the agency’s interest in maintaining a safe and secure facility. This document provides an overview of how courts across various jurisdictions have responded to employees’ challenges to anti-fraternization policies.” Cases are organized according to cases upholding agency anti-fraternization policies or cases not upholding agency anti-fraternization policies by Circuit and its related states.