Martina Montgomery v. Thomas P. Stefaniak, Jr., Salvador Vasquez, & Clarence D. Murray, 410 F.3d 933 (7th Cir. 2005). · Go Syfert
Martina Montgomery v. Thomas P. Stefaniak, Jr., Salvador Vasquez, & Clarence D. Murray, 410 F.3d 933 (7th Cir. 2005). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 11 distinct courts.
Strongest positive: Gill v. Inmate Call Solutions (wied, 2025-07-29)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
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Top citers, strongest first. 46 distinct citers. How cited ↗
cited Cited as authority (rule) Gill v. Inmate Call Solutions
E.D. Wis. · 2025 · confidence medium
Wis. Mar. 6, 2018) (citing Roberts v. U.S. Jaycees, 468 U.S. 609 , 617– 18 (1984); and Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005)).
cited Cited as authority (rule) Armstrong v. City of Milwaukee
E.D. Wis. · 2025 · confidence medium
Bd. of Election Comm’rs, 947 F.3d 1056 , 1063 (7th Cir. 2020) (quoting Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005)).
discussed Cited as authority (rule) Perez v. City of Aurora
N.D. Ill. · 2024 · confidence medium
Family Association The Fourteenth Amendment protects freedom of intimate association, which is “the right to enter into and maintain certain intimate human relationships.” Mont- gomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (quoting Roberts v. United States Jaycees, 468 U.S. 609, 617 (1984)) (cleaned up).
discussed Cited as authority (rule) Alpha Alpha Chapter of Zeta Beta Tau Fraternity v. Cutler
N.D. Ind. · 2024 · confidence medium
Because the freedom of intimate association 25 involves a fundamental element of “personal liberty,” id. at 618 , it is “protected by the due process clauses.” See Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (collecting cases); Swank v. Smart, 898 F.2d 1247 , 1251–52 (7th Cir. 1990).
discussed Cited as authority (rule) Sinnott v. City of Joliet (2×) also: Cited "see"
N.D. Ill. · 2023 · confidence medium
Reform Bd. of Trustees, 197 F.3d 853 , 857 (7th Cir. 1999); then citing Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005)), aff’d, 946 F.3d 398 (7th Cir. 2020).
discussed Cited as authority (rule) Lewis v. Macon County
C.D. Ill. · 2022 · confidence medium
The U.S. Constitution guarantees the right of expressive association, “the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).
discussed Cited as authority (rule) Sloan v. County of Macon
C.D. Ill. · 2022 · confidence medium
“Freedom of expressive association, arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).
cited Cited as authority (rule) Brumit v. Granite City, Illinois
S.D. Ill. · 2022 · confidence medium
Id. at 618 ; Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).3 The parent-child relationship lies at the heart of protected familial associations and extends to parents and adult children.
discussed Cited as authority (rule) Weber, Matthew v. Harris, Michelle
W.D. Wis. · 2022 · confidence medium
The freedom of expressive association falls within the First Amendment and “ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).
cited Cited as authority (rule) Moore v. Calumet Township of Lake County
N.D. Ind. · 2022 · confidence medium
Dist. 167, 707 F.2d 949, 952 (7th Cir. 1983))); Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005) (quoting Moulton, 150 F.3d at 805 ).
cited Cited as authority (rule) Sandra Nigl v. Cathy Jess
7th Cir. · 2021 · confidence medium
See Zablocki v. Redhail, 434 U.S. 374, 386 (1978); Montgomery v. Stefaniak, 410 F.3d 933, 938 (7th Cir. 2005).
cited Cited as authority (rule) Roberts v. McLean County State's Attorney's Office
C.D. Ill. · 2020 · confidence medium
Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (internal quotation marks and citations omitted); see also Roberts v. U.S. Jaycees, 468 U.S. 609 , 617–18 (1984).
discussed Cited as authority (rule) William B. Shipley v. Chicago Board of Elections
7th Cir. · 2020 · confidence medium
“The first, freedom of expressive association, arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (citing Roberts v. United States Jaycees, 468 U.S. 609 , 617–18 (1984)).
discussed Cited as authority (rule) William B. Shipley v. Chicago Board of Elections
7th Cir. · 2020 · confidence medium
“The first, freedom of expressive association, arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (citing Roberts v. United States Jaycees, 468 U.S. 609 , 617–18 (1984)).
discussed Cited as authority (rule) William B. Shipley v. Chicago Board of Elections
7th Cir. · 2020 · confidence medium
“The first, freedom of expressive association, arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (citing Roberts v. United States Jaycees, 468 U.S. 609 , 617–18 (1984)).
discussed Cited as authority (rule) Hopfinger v. City of Nashville, Illinois (2×) also: Cited "see"
S.D. Ill. · 2019 · confidence medium
Fletcher argues that Count IV is not a First Amendment claim, and it should instead be brought under the due process clause of the Fourteenth Amendment (Doc. 25 at p. 4), citing Montgomery v. Steganiak, 410 F.3d 933, 937 (7th Cir. 2005) (Doc. 25 at p. 4).
cited Cited as authority (rule) Derrick Wesley, Jr. v. South Bend Community School Corporation
N.D. Ind. · 2019 · confidence medium
Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (emphasis added) (citations and internal quotations omitted).
discussed Cited as authority (rule) Michael Campos v. Cook County
7th Cir. · 2019 · confidence medium
Accordingly, a 6 No. 18-3472 public employee alleging wrongful termination cannot state a substantive due process claim “unless the employee also al- leges the defendants violated some other constitutional right or that state remedies were inadequate.” Id. (citing Montgom- ery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005)).
discussed Cited as authority (rule) Michael Campos v. Cook County
7th Cir. · 2019 · confidence medium
Accordingly, a 6 No. 18-3472 public employee alleging wrongful termination cannot state a substantive due process claim “unless the employee also al- leges the defendants violated some other constitutional right or that state remedies were inadequate.” Id. (citing Montgom- ery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005)).
discussed Cited as authority (rule) Lawlor v. Metropolitan Water Reclamation District of Greater Chicago
N.D. Ill. · 2018 · confidence medium
“This sort of claim is limited to violations of fundamental rights and employment-related rights are not fundamental; an alleged wrongful termination of public employment is not actionable as a violation of substantive due process unless the employee also alleges the defendants violated some other constitutional right or that state remedies were inadequate.” Palka v. Shelton, 623 F.3d 447, 453 (7th Cir. 2010) (internal citations omitted); see also Belcher v. Norton, 497 F.3d 742, 753 (7th Cir. 2007); Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005).
discussed Cited as authority (rule) Bartlett v. City of Chicago School District 299
N.D. Ill. · 2014 · confidence medium
“This sort of claim is limited to violations of fundamental rights and employment-related rights are not fundamental; an alleged wrongful termination of public employment is not actionable as a violation of substantive due process unless the employee also alleges the defendants violated some other constitutional right or that state remedies were inadequate.” Palka v. Shelton, 623 F.3d 447, 453 (7th Cir.2010) (internal citations omitted); see also Belcher v. Norton, 497 F.3d 742, 753 (7th Cir.2007); Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005).
discussed Cited as authority (rule) Jerry Markadonatos v. Village of Woodridge (2×)
7th Cir. · 2014 · confidence medium
County of Sacramento v. Lewis, 523 U.S. 833, 846 , 118 S.Ct. 1708 , 140 L.Ed.2d 1043 (1998); Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005).
discussed Cited as authority (rule) Wanda Goodpaster v. City of Indianapolis
7th Cir. · 2013 · confidence medium
Intimate association “protects the right ‘to enter into and maintain certain intimate human relationships.’ ” Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005) (quoting Jaycees, 468 U.S. at 617-18 , 104 S.Ct. 3244 ).
discussed Cited as authority (rule) Susan Bilka v. Catherine Farrey
7th Cir. · 2011 · confidence medium
No. 11‐2590 Page 3 See Montgomery v. Stafaniak, 410 F.3d 933, 937 (7th Cir. 2005); Poirier v. Mass. Dep’t of Corr., 558 F.3d 92, 96 (1st Cir. 2009); Akers v. McGinnis, 352 F.3d 1030 , 1039–40 (6th Cir. 2003).
discussed Cited as authority (rule) Merrifield v. COUNTY COM'RS FOR COUNTY OF SANTA FE
10th Cir. · 2011 · confidence medium
See Schalk v. Gallemore, 906 F.2d 491 , 498 n. 6 (10th Cir.1990); Flanagan v. Munger, 890 F.2d 1557 , 1564 n. 7 (10th Cir.1989); Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005); Akers v. McGinnis, 352 F.3d 1030, 1044-45 (6th Cir.2003) (Clay, J„ concurring in part and dissenting in part); see generally Mark Strauss, Note, Public Employees’ Freedom of Association: Should Connick v. Myers’ Speech-Based Public Concern Rule Apply?, 61 Fordham L.Rev. 473, 476-89 (1993).
cited Cited as authority (rule) Robert v. Carter
S.D. Ind. · 2011 · confidence medium
Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005). .
discussed Cited as authority (rule) Palka v. Shelton
7th Cir. · 2010 · confidence medium
This sort of claim is limited to violations of fundamental rights, see Belcher v. Norton, 497 F.3d 742, 753 (7th Cir.2007), and employment-related rights are not fundamental; an alleged wrongful termination of public employment is not actionable as a violation of substantive due process unless the employee also alleges the defendants violated some other constitutional right or that state remedies were inadequate, Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005).
discussed Cited as authority (rule) Talley v. Brentwood Union Free School District
E.D.N.Y · 2010 · confidence medium
Similarly, burdens on intimate associations have been held constitutional where government’s interest have been strong enough, see, e.g., Montgomery v. Stefaniak, 410 F.3d 933, 937-38 (7th Cir.2005) (upholding termination of probation officer for purchasing car from probationer’s employer because of government’s interest in preventing fraternization between prisoner and correctional employee and avoiding the appearance of impropriety); Beecham v. Henderson County, 422 F.3d 372, 378 (6th Cir.2005) (upholding termination based on intra-office romantic relationship because of government’s…
cited Cited as authority (rule) Horstmann, Bruce v. St. Clair County IL
7th Cir. · 2008 · confidence medium
Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005).
discussed Cited as authority (rule) Belcher v. Norton (2×)
7th Cir. · 2007 · confidence medium
"The scope of substantive due process . . . is very limited and protects plaintiffs only against arbitrary government action that `shocks the conscience.'" Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005) (citation omitted); see also Bublitz v. Cottey, 327 F.3d 485 , 491 (7th Cir.2003) ("It is generally only deliberate action intended to harm another that is the type of conduct targeted by the Fourteenth Amendment: `[C]onduct intended to injure in some way unjustifiable by any government interest is the sort of official action most likely to rise to the conscience-shocking level.'" (e…
discussed Cited as authority (rule) Belcher, Ryan L. v. Norton, Vaughn
7th Cir. · 2007 · confidence medium
“The scope of substantive due process . . . is very limited and protects plaintiffs only against arbitrary government action that ‘shocks the conscience.’ ” Montgom- ery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005) (citation omitted); see also Bublitz v. Cottey, 327 F.3d 485 , 491 (7th Cir. 2003) (“It is generally only deliberate action intended to harm another that is the type of conduct targeted by the Fourteenth Amendment: ‘[C]onduct intended to injure in some way unjustifiable by any government interest is the sort of official action most likely to rise to the conscience- sh…
discussed Cited as authority (rule) Beary Landscaping, Inc. v. Ludwig
N.D. Ill. · 2007 · confidence medium
The Seventh Circuit has repeatedly emphasized that “[t]he scope of substantive due process ... is very limited and protects plaintiffs only against arbitrary government action that ‘shocks the conscience.’ ” Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005) (quoting Tun v. Whitticker, 398 F.3d 899, 902 (7th Cir.2005)); accord, e.g., Tun, 398 F.3d at 902 (stating that government conduct implicating substantive due process “is most often described as an abuse of government power which ‘shocks the conscience.’ ”) (quoting Rochin v. California, 342 U.S. 165, 172 , 72 S.Ct. …
discussed Cited as authority (rule) Citizens for Community Action v. City of Chicago
N.D. Ill. · 2006 · confidence medium
Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005). “[F]reedom of expressive association ] arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment.” Id.
discussed Cited "see" Bergeron v. La Porte County (2×) also: Cited "see, e.g."
N.D. Ind. · 2025 · signal: see · confidence high
See Montgomery, 410 F.3d at 938 (citing Zablocki v. Redhail, 434 U.S. 374, 383-87 (1978)).
discussed Cited "see" E.D. v. NOBLESVILLE SCHOOL DISTRICT
S.D. Ind. · 2022 · signal: see · confidence high
See Montgomery v. Stefaniak, 410 F.3d 933, 937 (2005) (recognizing that that First Amendment protects the "freedom of expressive association," which "ensures the right to associate for the purpose of engaging in activities protected by the First Amendment") (citations omitted).
cited Cited "see" Amanda Burger v. County of Macon
7th Cir. · 2019 · signal: see · confidence high
See Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).
cited Cited "see" Amanda Burger v. County of Macon
7th Cir. · 2019 · signal: see · confidence high
See Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005).
discussed Cited "see" Richardson-Holness v. Alexander
E.D.N.Y · 2015 · signal: accord · confidence high
Accord Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005) (“The Connick/Pickering test's requirement that the plaintiff's association relate to a matter of public concern is inapplicable to a claim based solely on intimate association.”); Anderson v. City of LaVergne, 371 F.3d 879 , 882 (6th Cir.2004) (construing intimate association as a liberty interest analyzed under due process precedents, and not imposing any public concern requirement); Poleo-Keefe v. Bergeron, 2008 WL 3992636 , at *6 (D.Vt.
cited Cited "see" Bilka v. Farrey
7th Cir. · 2011 · signal: see · confidence high
See Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005); Poirier v. Mass. Dep’t of Corr., 558 F.3d 92, 96 (1st Cir.2009); Akers v. McGinnis, 352 F.3d 1030, 1039-40 (6th Cir.2003).
cited Cited "see" Flaningam, Thomas v. County of Winnebago
7th Cir. · 2007 · signal: see · confidence high
See Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir.2005); Moulton v. Vigo County, 150 F.3d 801, 805 (7th Cir.1998).
discussed Cited "see, e.g." Hodson v. Grant County Commissioners
N.D. Ind. · 2025 · signal: see, e.g. · confidence medium
See, e.g., Montgomery v. Stefaniak, 410 F.3d 933, 939 (7th Cir. 2005) (concluding county probation officer had no property interest in continued employment because Indiana law provides that such officers serve “at the pleasure of the appointing court”); Marion Cnty.
cited Cited "see, e.g." Higgs v. Repay
N.D. Ind. · 2024 · signal: see also · confidence low
See also Montgomery v. Stefaniak, 410 F.3d 933 (7th Cir. 2005).
discussed Cited "see, e.g." Lett v. City Of Chicago
N.D. Ill. · 2019 · signal: see also · confidence medium
Reform Bd. of Trustees, 197 F.3d 853 , 857 (7th Cir. 1999); see also Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005) (a plaintiff “must first show that her associational activity relates to a matter of public concern”).
discussed Cited "see, e.g." Poirier v. Massachusetts Department of Correction
D. Mass. · 2008 · signal: see, e.g. · confidence low
See, e.g., Montgomery v. Stefaniak, 410 F.3d 933 (7th Cir.2005); Akers v. McGinnis, 352 F.3d 1030 (6th Cir.2003); Parks v. City of Warner Robins, Ga., 43 F.3d 609 (11th Cir.1995); Parsons v. County of Del Norte, 728 F.2d 1234 (9th Cir.1984).
discussed Cited "see, e.g." Anita Christensen and Robert Alty v. County of Boone, Illinois, and Edward Krieger (2×)
7th Cir. · 2007 · signal: see also · confidence medium
Id. at 618 , 104 S.Ct. 3244 ; see also Montgomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir.2005).
discussed Cited "see, e.g." Christensen, Anita v. County of Boone
7th Cir. · 2007 · signal: see also · confidence medium
Id. at 618 ; see also Mont- gomery v. Stefaniak, 410 F.3d 933, 937 (7th Cir. 2005). (...continued) “[t]he defendants’ tortious acts, which subject them to possible liability under state law, are not so extreme as to shock the conscience”).
Retrieving the full opinion text from the archive…
Martina MONTGOMERY, Plaintiff-Appellant,
v.
Thomas P. STEFANIAK, Jr., Salvador Vasquez, and Clarence D. Murray, Defendants-Appellees
04-2666.
Court of Appeals for the Seventh Circuit.
Jun 9, 2005.
410 F.3d 933
2005 U.S. App. LEXIS 10715
2005 WL 1357210
Douglas M. Grimes (argued), Gary, IN, for Plaintiff-Appellant., Frances Barrow, Richard M. Bramer (argued), Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.
Kanne, Evans, Williams.
Cited by 51 opinions  |  Published
KANNE, Circuit Judge.

Martina Montgomery was fired from her job as a court probation .officer after her supervisors learned that she and her fiancé had' purchased a car from a dealership employing a probationer whom she supervised. Montgomery sued, claiming among other things that her termination infringed her right of intimate association with her fiancé and that she was denied procedural and substantive due process. The district court dismissed all of Montgomery’s wrongful termination claims. She appeals, and we affirm.

I. History

Montgomery sued a number of defendants, including the car dealership, the court for which she worked, and the county in which the court was located. But we can ignore the majority of her complaint because this appeal addresses only Montgomery’s claims against three, judges on the court where she was employed. We recite the facts as they are provided in the complaint and present them in the light[*936] most favorable to Montgomery. See Cole v. U.S. Capital, Inc., 389 F.3d 719, 724 (7th Cir.2004).

Montgomery accompanied her fiancé, Charles Heffner, to Shaver Motors in Merrillville, Indiana. Heffner tried to purchase a car, but his application for financing was denied because he had a poor credit history. Montgomery, however, had better credit than Heffner and the salesman told her that he could arrange financing for her to purchase a Toyota Corolla. Montgomery declined at first, but the salesman ultimately persuaded her to purchase the car. Montgomery and Shaver then signed a sales contract for the Toyota, and the couple left with the car. After Montgomery left the dealership, however, Shaver unilaterally changed the terms of the financing agreement. Specifically, Shaver paid off a balance Montgomery owed on a Mercury automobile she already owned and added that money into the price of the' Toyota. Shaver claims it did so to improve the creditworthiness of Montgomery’s application for financing, but Montgomery says that she never agreed to such an arrangement and that the salesman never told her that the Mercury loan would have any impact on her application. Montgomery learned of Shaver’s action several days later when the finance company to which Shaver had sent her application called to tell her both that the Mercury was now included in. the transaction and that it had approved her loan on significantly less favorable terms than those promised by Shaver.

Montgomery rejected the changes to the agreed-upon financing terms and immediately returned the Toyota to Shaver. But when she brought back the car, Shaver demanded that Montgomery reimburse the dealership the money it had paid on the Mercury. When Montgomery refused, claiming that she had never agreed to such an arrangement, Shaver threatened to report her alleged delinquency to her supervisors at the probation office. Eventually Shaver made good on its threat and called Montgomery’s supervisor in an effort to harass Montgomery and pressure her to pay.

Shaver’s call prompted the supervisor to investigate,, and he discovered that a probationer supervised by Montgomery was employed at Shaver. The record does not reflect the nature of the probationer’s employment, but he apparently played no role in the sale, of the Toyota. Nonetheless, the court has a code of conduct that forbids probation officers from transacting business with any company employing probationers under their supervision. Thomas Stefaniak, Jr., Senior Judge of the Criminal Division of the Lake County Superior Court, who ultimately is responsible for probation department personnel, ordered Montgomery suspended and eventually fired for violating this policy. As permitted by the court’s employee grievance system, Montgomery requested administrative hearings to appeal both her suspension and termination. Judge Stefaniak assigned Judge Salvador Vasquez to hear the appeals, and Judge Vasquez upheld Judge Stefaniak’s decisions. [1]

Montgomery raised three claims against the judges. First, she claims that they interfered with her right of intimate association with her fiancé because she says she had a constitutional right to purchase a car for him from Shaver. Montgomery also alleged that the judges denied her substantive and procedural due process by not providing her a pre-termination hearing. The district court dismissed the[*937] judges as defendants, see Fed. R. Civ. P. 12(b)(6), and made its dismissals final, thus permitting this appeal, see Greenwell v. Aztar Ind. Gaming Corp., 268 F.3d 486, 490 (7th Cir.2001); Fed. R. Civ. P. 54(b).

II. Analysis

A. Freedom of Intimate Association

Montgomery first argues that the judges’ enforcement of the code of conduct interfered with what she describes as her freedom of intimate association with her fiancé. The defendants respond that Montomery’s relationship with Heffner did not excuse her from complying with the rules governing her employment.

The Supreme Court has explained that the Constitution protects two distinct forms of free association. The first, freedom of expressive association, arises from the First Amendment and ensures the right to associate for the purpose of engaging in activities protected by the First Amendment. See Roberts v. United States Jaycees, 468 U.S. 609, 617-18, 104 S.Ct. 3244, 82 L.Ed.2d 462 (1984); King v. Chicago Sch. Reform Bd. of Trustees, 197 F.3d 853, 857 (7th Cir.1999). The second, freedom of intimate association, protects the right “to enter into and maintain certain intimate human relationships.” Roberts, 468 U.S. at 617, 104 S.Ct. 3244. The freedom of intimate association “receives protection as a fundamental element of personal liberty,” id. at 618, 104 S.Ct. 3244, and as such is protected by the due process clauses. See Swank v. Smart, 898 F.2d 1247, 1251-52 (7th Cir.1990); Mayo v. Lane, 867 F.2d 374, 375 (7th Cir.1989); Bergren v. City of Milwaukee, 811 F.2d 1139, 1144 (7th Cir.1987); Shondel v. McDermott, 775 F.2d 859, 865-66 (7th Cir.1985); Akers v. McGinnis, 352 F.3d 1030, 1035 (6th Cir.2003); Griffin v. Strong, 983 F.2d 1544, 1547 (10th Cir.1993).

We pause to note that the parties have confused the two forms of free association in their briefs and focus their arguments exclusively on -the balancing test applicable to expressive association claims raised by public employees. See Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968). Under this test, a plaintiff must first show that her associational activity relates to a matter of public concern; if she succeeds, the court then balances her interests against those of her employer. See King, 197 F.3d at 857. But the Connick/Pickering test applies only to those free association claims based on expressive association. See id.; Weicherding v. Riegel, 160 F.3d 1139, 1142 (7th Cir.1998); Messman v. Helmke, 133 F.3d 1042, 1045-46 (7th Cir.1998); Button v. City of Milwaukee, 133 F.3d 1036, 1039-40 (7th Cir.1998); Gregorich v. Lund, 54 F.3d 410, 414 (7th Cir.1995); Griffin v. Thomas, 929 F.2d. 1210, 1212-14 (7th Cir.1991). The Connick/Pickering test’s requirement that the plaintiffs association relate to a matter of public concern is inapplicable to a claim based solely on intimate association because a plaintiffs right of intimate association does not depend on her also exercising her separate and distinct right to engage in expressive activity. See Anderson v. City of La Vergne, 371 F.3d 879, 881 (6th Cir.2004); Parks v. City of Warner Robins, 43 F.3d 609, 615 (11th Cir.1995).

The proper analysis for Montgomery’s claim is provided by Zablocki v. Redhail, 434 U.S. 374, 383-87, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978), and other circuits have used this framework to address claims brought by public employees claiming interference with an intimate association. See Akers, 352 F.3d at 1039-40 (corrections employees fired for personal relationships with prisoners); Singleton v. Cecil, 176 F.3d 419, 423 (8th Cir.1999) (en[*938] banc) (adopting analysis of panel decision in Singleton v. Cecil, 133 F.3d 631, 634-35 (8th Cir.1998)); Montgomery v. Carr, 101 F.3d 1117, 1124 (6th Cir.1996) (public school teacher required to transfer to another school after she married another teacher); Parks, 43 F.3d at 615-16 (police officer forced to resign after she married a more senior officer); see also Keeney v. Heath, 57 F.3d 579, 580-81 (7th Cir.1995). Zablocki establishes a two-part inquiry: if the challenged policy imposes a direct and substantial burden on an intimate relationship, it is subject to strict scrutiny; if the policy does not impose a direct and substantial burden, it is subject only to rational basis review. Zablocki, 434 U.S. at 383-87, 98 S.Ct. 673; see also Smith v. Shalala, 5 F.3d 235, 238-39 (7th Cir.1993).

Montgomery’s claim fails the Zablocki test. The defendants do not dispute that the relationship between two people engaged to be married qualifies as intimate, and we will assume that to be the case. But the defendants here did not “interfere directly and substantially” with Montgomery’s right to associate with Heffner when they fired her for violating the code of conduct. Compare Zablocki, 434 U.S. at 387, 98 S.Ct. 673 (statute requiring persons owing child support to obtain a court order before marrying or face criminal penalties directly and substantially interfered with their right to marry), with Akers, 352 F.3d at 1040 (rule restricting correctional officers from non-work contact with prisoners was not direct and substantial burden because rule neither largely prevented employees from marrying nor prevented them from marrying a large portion of population). Indeed, the interference here was quite minimal. Montgomery alleged only that the code of conduct prohibited her from purchasing a car from Shaver. But she was- free to purchase a car for her fiancé from any car dealership that did not employ one of her probationers and likewise remained free to associate with Heffner in any other way she pleased. The court’s rule prohibiting probation officers from conducting business with companies employing their probationers may have caused Montgomery some minor inconvenience, but it did not substantially impact her ability to associate with Heffner.

We thus review the code of conduct only under a rational basis test and conclude that the portion of code challenged by Montgomery bears a rational relationship to a legitimate government interest. See Thielman v. Leean, 282 F.3d 478, 485 (7th Cir.2002). The Sixth Circuit addressed a similar case in which two state correctional employees were fired for violating a rule barring any outside contact with prisoners or probationers. See Akers, 352 F.3d at 1033-34. The court concluded that the rule met the rational basis test because the state has a legitimate interest in preventing fraternization between its prisoners and correctional employees. Id. at 1039. The judges here likewise have a legitimate interest in ensuring that probation officers conduct themselves in a manner that avoids even the appearance of impropriety. Probation officers have significant discretion when making sentencing recommendations and supervising probationers, and their decisions can greatly impact the liberty of convicted individuals. The code of conduct at issue here is rationally related to the court’s interest in ensuring the impartiality of its probation officers. Accordingly, the district court correctly dismissed Montgomery’s freedom of association claim.

B. Procedural Due Process

Montgomery next argues that the district court erred in dismissing her procedural due process claim because she says the court’s personnel policy affords probation officers the right to a pre-termi[*939] nation hearing and argues that this purported policy created a property interest in her continued employment. But Indiana law provides that probation officers serve “at the pleasure of the appointing court.” Ind.Code § 11 — 13—1—1 (c); see also Ind.Code § 33-33-45-12(a)(2) (Lake County probation officers “serve at the pleasure of the senior judge”); In re Madison County Probation Officers’ Salaries, 682 N.E.2d 498, 500 (Ind.1997) (per curiam). These statutes establish that Montgomery was an at will employee who had no property interest in continued employment as a probation officer. See Moulton v. Vigo County, 150 F.3d 801, 804-05 (7th Cir.1998). Despite the statutory language, Montgomery might still have established that she had a property interest in her job if she had shown that her employer adopted additional rules or regulations that gave her such a property interest. See id. at 805. Instead, she alleged only that the court’s personnel policy provided her with the right to a pre-termination hearing. “The mere fact that an employee is entitled to a hearing before [s]he is terminated, however, does not establish that [s]he has a property right in [her] job.” Id. Accordingly, the district court properly dismissed this claim.

C. Substantive Due Process

Lastly, Montgomery argues in a cursory fashion that the district court erred by dismissing her substantive due process claim. The scope of substantive due process, however, is very limited and protects plaintiffs only against arbitrary government action that “shocks the conscience.” Tun v. Whitticker, 398 F.3d 899, 902 (7th Cir.2005) (internal citation and quotation omitted). Nothing about the defendants’ actions here shocks the conscience. As discussed above, Montgomery had no property interest in her continued employment and the judges thus did not deprive her of a constitutionally protected right when she was fired. Furthermore, all that Montgomery claims the judges did was wrongfully terminate her employment, and this is insufficient to state a substantive due process claim unless she also shows that the defendants violated some other constitutional right or that available state remedies are inadequate. Wudtke v. Davel, 128 F.3d 1057, 1062 (7th Cir.1997). She has not done so.

III. Conclusion

The district court correctly dismissed all of Montgomery’s claims against the three judges. Accordingly, the judgment is Ap-PIRMED.

1

. Montgomery’s complaint in the district court also lists Judge Clarence Murray as 'a defendant but neither her complaint nor her brief on appeal makes any further mention of him. Accordingly, all claims against Judge Murray are waived.