On July 10, the Third Circuit panel of McKee, Ambro, and Restrepo will hear oral argument in Fina v. Miletto, No. 16-3311. The appeal arises from a suit brought by Frank Fina and other former state prosecutors and investigators alleging that convicted former Pa. AG Kathleen Kane violated their First Amendment rights during the Porngate scandal. Legal Intelligencer coverage of the district court’s dismissal is here.
Here is the appellant’s case summary:
Whether Kathleen Kane’s criminal misconduct, which was designed to coerce and silence plaintiffs criticisms of her while Kane was serving as the AG, constituted unlawful governmental retaliation for Plaintiffs protected exercise of free speech?
And the appellee’s:
Whether former AG Kathleen Kane violated the constitutional rights of the plaintiffs when she publicly criticized the work they did as criminal investigator and prosecutors and released pornography that they had maintained on the AG’s computer system.
Should be interesting.
Arguing for the appellants will be Mark Tanner of Feldman Shepherd; Edward Ellis of Littler Mendelson is arguing for the AG.