Lawyer's group files brief in support of Desmond't claim against Gains


YOUNGSTOWN

Martin Desmond appears to have an ally in his lawsuits against Mahoning County Prosecutor Paul Gains, who fired him last year.

The Ohio Employment Lawyers Association filed an amicus, or “friend of the court,” brief in Desmond’s lawsuit that appeals a State Personnel Board of Review report that denied Desmond whistleblower status.

“Martin Desmond is a whistleblower,” the brief begins.

In April 2017, Gains told reporters Desmond violated office policy and discussed a matter he no longer handled with people outside the office, including a lawyer who sued the county in federal court.

Desmond’s lawsuits dispute that rationale and argue he was fired in retaliation for exposing misconduct.

Gains has told The Vindicator Desmond’s claims have no merit.

The OELA said it does not typically file amicus briefs, but Visiting Judge H.F. Inderlied has a unique opportunity to address a “wrongly-decided” decision from the 10th District Court of Appeals.

Read more about the case in Friday's Vindicator or on Vindy.com.

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