Judge: Wasn't for Whistleblowing
Dismiss MTA Security Head's Suit on Firing

By ARI PAUL

A Federal judge dismissed a lawsuit by a former Metropolitan Transportation Authority Security Director alleging that he was fired for alerting the press and outside investigators to what he believed were instances of bribery and bid-rigging at the agency.

LOUIS ANEMONE: 'A disruptive' force at the MTA.

Louis Anemone, a former NYPD Chief of Department, told the New York Times in 2003 of what he believed were corrupt practices inside the MTA. He and his assistant, Nicholas Casale were subsequently fired, prompting Mr. Anemone to file suit in 2005.

History of Bad Behavior

U.S. District Judge Loretta A. Preska ruled that no reasonable jury would find that Mr. Anemone's First Amendment rights had been violated. She added that he and Mr. Casale had a disruptive history working at the MTA and Mr. Anemone had been insubordinate to his superiors, giving them just cause in his termination.

In her decision, Judge Preska wrote that then-MTA labor negotiator Gary Dellaverson had a justifiable reason for firing Mr. Anemone.

"In making the employment decision, however, Dellaverson was permitted to take into account the effect that Anemone's vulnerability statement would have on the public's perception of the MTA," she said. "Dellaverson concluded that Anemone's making statements to The Times about the MTA's vulnerability to terrorist attacks was not only an act of insubordination (and hence disruptive to the workplace), but it was also disruptive because it instantiated and perpetuated a widespread public perception of vulnerability to attack."

She continued, "Consequently, even if Anemone's speech to The Times was the 'but-for' cause of Dellaverson's decision to terminate Anemone, on this record, that does not in itself constitute a violation of Anemone's First Amendment rights because he based the decision on the disruptive effect of Anemone's vulnerability statement."

Claims Not Credible

Judge Preska said that Mr. Anemone had failed to prove that there was "impermissible motive [for his termination]."

"On this record, it is simply not plausible to ascribe to Dellaverson an impermissible motive, the desire to punish Anemone for making public any graft within the MTA, because Dellaverson himself was either the origin of, or at least an active participant in, every corruption investigation undertaken by Anemone from the beginning of his tenure with the MTA," she said, noting that in many instances Mr. Dellaverson encouraged Mr. Anemone's investigations.

Judge Preska also noted that Mr. Anemone suspected he was going to be fired when the MTA launched an investigation into his conduct, which took place before he spoke to the Times.

"Because Anemone's speech to the Times took place well after the investigation into his insubordinate and disruptive conduct had begun any inference of retaliatory motive is diminished," she said.

Mr. Anemone has vowed to appeal the decision.