There are a lot of arguments in his favor...especially if the AD was acting the way Rolo's attorney claims. A lot of it may depend on what's in his employment contract as well. This was an additional condition to his employment that wasn't part of the contract. The State should still be subject to state employment laws.

I'm not an expert on Con law nor employment law, but it smells like a decent case to me.

I also wouldn't be surprised if he lost. But it'll be decided on appeal in all likelihood.