Ex-assistant prosecutor files lawsuit against Paul Gains
A former assistant Mahoning County prosecutor filed a lawsuit Wednesday that accuses county Prosecutor Paul Gains of defamation, intimidation and civil liability for criminal acts.
It’s the latest legal action Martin Desmond has filed since Gains fired him in April.
Desmond alleges that Gains fired him for exposing misconduct within the prosecutor’s office, while Gains said Desmond violated office policy by discussing a matter which no longer involved him with people outside the office, including a lawyer who sued the county in federal court.
A federal judge dismissed that lawsuit, which involved the prosecutorial misconduct alleged by Desmond, according to court records.
The complaint alleges that instead of investigating Desmond’s claims, the prosecutor’s office investigated and fired Desmond based on a defamatory memo.
Judge Maureen Sweeney has been assigned to the case, but given that it involves a former county employee, it may ultimately end up in the hands of a visiting judge.