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Verrill Dana, LLP

Verrill Dana, LLP is one of New England's preeminent regional law firms. With offices in Portland and Augusta, ME; Boston, MA; Westport, CT; Providence, RI; and Washington D.C. Verrill Dana provides sophisticated legal representation to businesses and individuals in the traditional areas of litigation, real estate, business law, labor and employment law, employee benefits, environmental law, intellectual property and estate planning.  The Firm also has industry-focused specialties including higher education, health care and health technology, energy, and timberlands. 

Disclaimer:  The content presented in this blog is for general information only, is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. While we welcome you to contact our blog authors at hrlawupdate@verrilldana.com, the submission of a comment or question does not create an attorney-client relationship between the Firm and you. 

Entries in Fifth Circuit (1)

Thursday
May252017

Termination of Wife Swapping Deputies is Constitutional

As the Fifth Circuit noted, the facts are undisputed.  The Chief Deputy Sheriff learned that two sheriff’s deputies had “taken up residence in the other’s house, exchanging spouses without having divorced their current wives.” As a result he placed the two deputies on leave for violating the Sheriff’s Code of Conduct which included the following standards:

Conduct yourselves at all times in such a manner as to reflect the high standards of the Bossier Sheriff’s Office . . . [and] do not engage in any illegal, immoral, or indecent conduct, nor engage in any legitimate act which, when performed in view of the public, would reflect unfavorabl[y] upon the Bossier Sheriff’s Office.

Not only did the Chief Deputy Sheriff believe the Sheriff’s Code of Conduct had been violated—but also that the deputies had violated policy by failing to inform their direct supervisors of a change in address within 24 hours of the change.  The deputies were given a specified period of time to cease living with the woman who was not his spouse or they would be considered to have voluntarily terminated employment.  The deadline passed, the deputies living situations had not changed, and a lawsuit was instituted by Plaintiffs.

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