Dismissal of Retaliation and Whistleblower Claims Made by Former Assistant DA Against Boss Affirmed

The U.S. Court of Appeals for the Second Circuit affirmed the dismissal of First Amendment retaliation and New York State whistleblower claims made by Mark Sacha, a former assistant district attorney fired by Erie County District Attorney Frank A. Sedita, III. Sacha’s lawsuit was previously dismissed by U.S. Chief District Court Judge William M. Skretny. Sacha appealed Judge Skretny’s ruling, claiming he was fired in retaliation for alleging that District Attorney Sedita and his predecessor, District Attorney Frank J. Clark, were corrupt. The court found Sacha’s speech while employed as an assistant district attorney was so potentially disruptive to the Erie County District Attorney’s Office as to justify terminating his employment. The court also stated, “We have considered Sacha’s remaining arguments and find they are without merit.” Partner Adam W. Perry led the Hodgson Russ defense team.