The United States Court of Appeals for the Third Circuit reinstated a claim brought against former Pennsylvania Attorney Kathleen Kane

Before us is the fallout of a public feud principally among former Pennsylvania officials. Plaintiffs were three prosecutors in Pennsylvania’s Office of Attorney General (Richard A. Sheetz, Jr., E. Marc Costanzo, and Frank Fina), an investigator (Randy P. Feathers), and the Commissioner of the Pennsylvania State Police (Frank Noonan). They sue former Pennsylvania Attorney General Kathleen Kane and a current investigator in the AG’s Office, Michael Miletto, for retaliating against them after exercising their First Amendment rights to speak out against Kane. The District Court dismissed their claims essentially for failing to allege that the retaliatory acts were accompanied by threats. Because Plaintiffs have adequately pled unlawful retaliatory conduct in this context, we reverse.