Firing a state employee in retaliation for his wife’s lawsuit against the Attorney General is actionable under the First Amendment, the U.S. Court of Appeals for the Second Circuit has ruled.

The Second Circuit found that Alan Adler can proceed with his claim that he was fired from his job as deputy counsel at a state mental health agency because his wife, Sue H.R. Adler, was suing then-Attorney General Dennis Vacco for her own dismissal.

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