A lawyer and his client cannot sue for First Amendment retaliation because of the intentional delay of the Nassau County legislature in approving a multimillion dollar settlement, the U.S. Court of Appeals for the Second Circuit held Friday.

The circuit said that attorney Frederic Brewington and client Sharon Dorsett, who reached a multi-million-dollar settlement with the county over police negligence in the domestic violence death of Dorsett’s daughter, Jo’Anna Bird, “had no right to have a settlement approved at all.”