Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 1 of 15 - Page ID#: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON No. 5:19-cv-________________ ____________________________ BUCK RYAN, ) ) Plaintiff ) ) vs. ) Complaint ) Jury Trial Demanded DAVID BLACKWELL, ) In his Individual Capacity, ) ) JOSEPH REED, ) In his Individual Capacity, ) ) DEREK LANE, ) In his Individual Capacity, ) ) MIKE FARRELL, ) In his Individual Capacity, ) ) Defendants ) ____________________________) Plaintiff Buck Ryan (Ryan) for his complaint against defendants David Blackwell (Blackwell), in his individual capacity; Joseph Reed (Reed), in his individual capacity; Derek Lane (Lane), in his individual capacity; and Mike Farrell (Farrell), in his individual capacity states as follows: I Nature of the Action & Background 1. The most immediate and precipitating genesis of this case is an audit report instigated by the University of Kentucky’s General Counsel’s office that defamed Ryan, a long-standing and much-honored tenured university faculty member, by asserting falsely and wrongly that he had exploited his faculty position to reap undue monies from students in classes he taught by using one of 1 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 2 of 15 - Page ID#: 2 his books as required class materials. The audit report which was done by Reed remained secreted for many months after it was initially generated and its existence was wholly unknown to Ryan. 2. Reed’s audit report was initially disclosed to Ryan on or after April 30, 2018, when he was presented with it by Interim Director Farrell of the journalism school and then Dean Dan O’Hair of the university’s College of Communication and Information. At a subsequent meeting, O’Hair demanded that Ryan resign his tenured faculty position. When Ryan questioned the basis for this demand, O’Hair cited Reed’s audit report and stated he was “only a messenger” regarding the demand for Ryan’s resignation. 3. Ryan refused to resign his position and relinquish his constitutionally- protected property right in continued employment in that capacity; instead, he asserted his due process rights that attach thereto. 4. Upon Ryan’s assertion of his due process rights, Blackwell inaugurated administrative proceedings to terminate Ryan’s tenured employment as a faculty member, apparently the first time in 50 years or so that the university had undertaken such an action. In further retaliation for Ryan’s assertion of his constitutional rights, Blackwell defamed Ryan by stating falsely to third parties in a press release issued by the University of Kentucky to at least the Lexington Herald-Leader that Ryan “stole from students. And he used university resources to do it.” 5. Ryan’s assertion of his due process rights regarding his continued employment as a tenured faculty member were vindicated: a university 2 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 3 of 15 - Page ID#: 3 committee concluded in August 2018 that there was no basis for the termination proceedings and recommended that they be dropped. 6. Ryan at a public forum challenged Blackwell and university president Eli Capilouto as to why they attempted to fire him with no grounds to do so and defamed in this process. This speech addressed matters of public concern and was protected by the First Amendment. 7. In retaliation for Ryan’s assertion and exercise of his constitutional rights, Lane and Farrell have retaliated against him by fabricating false and defamatory claims and removing his teaching responsibilities and discharging him constructively as a faculty member. 8. Ryan’s claims arise under the common law of Kentucky and 42 U.S.C. § 1983. He seeks recovery of compensatory and punitive damages, costs, litigation expenses and attorney’s fees. II Jurisdiction & Venue 9. This Court has jurisdiction over Ryan’s claims pursuant to 42 U.S.C. § 1983 pursuant to 28 U.S.C. § 1331. The Court has jurisdiction over Ryan’s state law claims pursuant to 28 U.S.C. § 1367(a), as they are so related to the federal law claims as to form part of the same case or controversy. Venue is proper in this Court under 28 U.S.C. § 1391(b)(2), because the events giving rise to this action occurred in Fayette County, Kentucky. III Parties 3 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 4 of 15 - Page ID#: 4 10. Ryan is a resident of the Commonwealth of Kentucky and resides in Fayette County, Kentucky. 11. Blackwell, Reed, Lane and Farrell are also residents of the Commonwealth of Kentucky. IV Facts Giving Rise to the Lawsuit 12. Ryan has been employed at the University of Kentucky as a faculty member in its School of Journalism & Media since 1994, when he was appointed as journalism school director, having been recruited from Northwestern University’s prestigious Medill School of Journalism. 13. At various times during his employment at UK, Ryan served as the first permanent director of the merged School of Journalism and Telecommunications (1994-2002), and the first executive director of the University’s First Amendment Center based at the journalism school (2002-2004). From 1994 to 2002, according to the endowment agreement, the journalism director also served as the First Amendment Center director. 14. Ryan has received and been awarded numerous honors and teaching awards during his employment at UK including being honored seven times in the last eight years as "A Teacher Who Made a Difference" by UK's College of Education (2018, 2017, 2016, 2015, 2014, 2013 and 2011); being nominated for the College of Communication and Information 2018-2019 Faculty Teaching Excellence Award; receiving the ODK Outstanding Leadership & Student Enhancement Award presented by University of Kentucky President Eli Capilouto at the 2nd Annual Leadership Awards ceremony of the Nu Circle 4 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 5 of 15 - Page ID#: 5 Chapter of Omicron Delta Kappa, the National Leadership Honor Society, 2015; receiving the Provost’s Award for Outstanding Teaching for Tenured Faculty at the University of Kentucky, 2003, after previously being honored by Sigma Kappa as a “Great Educator” at UK, 1996-97; being named one of Top 50 Journalism Professors for 2012 by JournalismDegree.org; being honored as National Runner-up for the 2011 Inspire Integrity Award from the National Society of Collegiate Scholars, based in Washington, D.C.; and receiving the Faculty Partner Award, University of Kentucky’s Division of Student Affairs, 2012. He received a national Telly Award in 2002 for public affairs programming for his KET documentary, “Citizen Kentucky: Democracy and the Media.” 15. Ryan is and has been since 1994 tenured as an associate professor at UK. 16. The journalism classes that Ryan has taught at UK have regularly included, in the last few years, JOU 101, Introduction to Journalism; JOU 303, News Editing; and JOU 497, The Joy of Writing. For many years he taught his “Citizen Kentucky: Journalism and Democracy” course in the Freshman Discovery Seminar series and later in the Honors Program. 17. Ryan developed and regularly used in his classes a book, Writing Baby, Editing Dog and You: A Friendly Place to Begin Improving Your Writing (Writing Baby). 18. Ryan’s use of Writing Baby as a teaching aid was approved, in accordance with university policy, and was listed on the syllabus for his classes. Those syllabi were reviewed by Ryan’s administrative superiors at the university. 5 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 6 of 15 - Page ID#: 6 Many faculty members at UK similarly use materials and books they have authored or co-authored in the classes that they teach. 19. At a date presently unknown to Ryan, Reed was directed by the university’s General Counsel’s office to investigate and prepare an audit report regarding Ryan’s use of Writing Baby. 20. Reed prepared an audit report that included misrepresentations and false statements, two of the most material being that (1) Ryan had profited “more than $6K” from use of the Writing Baby book in his classes; and, (2) the audit complied with the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors. 21. Reed’s report completely omitted any consideration of the costs incurred in producing the books and falsely asserted that Ryan’s profits from the sale of book were equal to the gross sales dollars. 22. Reed’s report was not consistent with the International Standards for the Professional Practice of Internal Auditing issued by the Institute of Internal Auditors. 23. Reed’s equating of gross sales dollars to equal profits is not consistent with internal auditing standards or common sense. 24. Upon information and belief, Reed calculated both the profits and asserted that the report complied with the aforementioned internal auditing standards to increase and aggravate the false and negative light in which the report portrayed Ryan. 25. In a memo dated April 30, 2018, Ryan was summoned to meet with Dean Dan O’Hair of the College of Communication and Information and Interim 6 Case: 5:19-cv-00188-DCR Doc #: 1 Filed: 04/29/19 Page: 7 of 15 - Page ID#: 7 Director Mike Farrell of the School of Journalism and Media to discuss Reed’s audit report, which was dated November 6, 2018. 26. Ryan saw Reed’s audit report for the first time as an appendix to the April 30, 2018, memo. 27. Ryan responded to O’Hair and Farrell with a five-page letter outlining the audit’s faults, including the false and defamatory statements therein and asking that the audit be voided.