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Judge rejects Mahoning County prosecutor Paul Gains's effort to avoid civil liability for alleged criminal acts

Tuesday, August 21, 2018

Judge rejects Mahoning County prosecutor Paul Gains's effort to avoid civil liability for alleged criminal acts
Martin Desmond

CLEVELAND, OHIO – Today, former assistant prosecuting attorney Martin Desmond earned a significant victory in his ongoing wrongful-termination and retaliation lawsuit against Defendants Mahoning County Prosecuting Attorney Paul Gains, Chief Assistant Linette Stratford, and Mahoning County.

In his lawsuit, Desmond alleges that Gains and Stratford retaliated against him—including by terminating him and making false statements about him at a press conference—after he complained of misconduct by assistant prosecutors Dawn Cantalamessa. Among the lawsuit’s claims are a number seeking civil damages for alleged criminal acts, including using a false writing to influence a public official; intimidation of a witness; retaliation against a witness for discharging his duties; interference with civil rights; falsification; and perjury.

Soon after Desmond filed his lawsuit, the defendants sought to dispose of the above-mentioned claims by arguing that Desmond could not prove such liability because the statutes on which Desmond’s claims were based—especially Ohio Rev. Code § 2307.60—require a plaintiff to prove that the defendant was actually convicted of the alleged crimes before recovering civil damages. The defendants in Desmond's lawsuit had not been convicted of the underlying crimes. Desmond through the Chandra Law Firm countered that such a conviction requirement is nowhere to be found in the statute, which authorizes civil recovery for damages caused by any criminal act.

The Court sided with Desmond, finding that “a criminal conviction or charge is not a prerequisite” in collecting damages resulting from a criminal act. Desmond’s case will thus proceed against the Defendants on all claims.

The ruling is significant not only for Desmond’s lawsuit but also for crime victims around Ohio who seek civil relief whether or not criminal charges are pursued.

Desmond is represented by Subodh Chandra and Sandhya Gupta of the Chandra Law Firm LLC,

Related Practice Areas
Constitutional LawFirst AmendmentGovernment Ethics, Misconduct, Fraud, & AbuseWhistleblower Actions (False Claims Act)Crime Victims: Civil Action for Damages for Criminal Acts Under Ohio Revised Code § 2307.60

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