Complaint and Jury Demand
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Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk CAMPBELL COUNTY CIRCUIT COURT COMMONWEALTH OF KENTUCKY ) TIMOTHY L. NOLAN ) ) PLAINTIFF, ) ) V. ) ) MICHAEL COMBS ) A/K/A “Mike T Wing Combs” ) Case No. 16-CI-____________ 5 Fernwood Court ) ) Alexandria, KY 41001 ) ) HAROLD STEPHENS 12 Yellowwood Court ) ) Alexandria, KY 41001 ) ) KENNETH TURNER 577 Drycreek Rd. ) ) Cold Spring, KY 41076 ) ) TYLER OWEN 23 Retreat St. ) ) Southgate, KY 41017 ) ) THE GOP FACTS COMMITTEE, a general partnership and/or unincorporated association ) ) JOHN DOE 1-10, unknown general or limited ) ) partners of the GOP Facts Committee. ) ) JOHN DOE 11-20, anonymous speakers, ) ) Presiding Judge: HON. JULIE REINHARDT WARD (617222) DEFENDANTS. COMPLAINT AND JURY DEMAND Plaintiff Timothy Nolan (“Plaintiff”), alleges the following: 000001 of 000016 COM : 000001 of 000016 Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk JURISDICTION AND VENUE The Court can exercise personal jurisdiction over Defendants on the basis of Defendants’ presence in the State of Kentucky, and /or under KRS 454.210. The Court has jurisdiction over the subject matter of this action pursuant to K.R.S.23A.010 as this case is a justiciable cause of action not exclusively vested in another court and involves an actual controversy among the Parties. The amount in controversy, excluding interest, costs, and attorney’s fees, is equal or exceeds the jurisdictional requirement of this Court, and the amounts at issue exceed the jurisdictional limits of the District Court. PARTIES Timothy Nolan lives in California, Kentucky, and is a resident of Campbell County. Defendant Michael Combs (“Combs”) resides in Campbell County, Kentucky. Defendant HARRY STEPHENS resides in Campbell County, Kentucky. Defendant KENNY TURNER resides in Campbell County, Kentucky. Defendant TYLER OWEN resides in Campbell County, Kentucky. Defendant THE GOP FACTS COMMITTEE is a general partnership and/or unincorporated association created by operation of the laws of the Commonwealth of Kentucky, and doing business in Campbell County and elsewhere in the state of Kentucky. Presiding Judge: HON. JULIE REINHARDT WARD (617222) JOHN DOE 1-10 are unknown general or limited partners of the GOP FACTS COMMITTEE. 000002 of 000016 COM : 000002 of 000016 2 Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk JOHN DOE 11-20 are anonymous speakers who upon information and belief published the defamatory statements detailed herein within the state of Kentucky, and/or who reside in the District. JURY DEMAND Plaintiff demands a trial by jury on all issues so triable. STATEMENT OF FACTS Plaintiff Timothy Nolan. Plaintiff was born and raised in Northern Kentucky as were several generations of both sides of his family. Plaintiff had always admired his maternal grandfather who was a formidable bare-knuckle boxer. Plaintiff had dreamed of being a boxer, but was forbidden from doing so by his mother. Plaintiff focused on his studies instead. Plaintiff graduated from Covington Latin School, and earned his bachelors in philosophy and theology from Thomas Moore College. Plaintiff graduated from the Salmon P. Chase College of Law in 1973, and was admitted to practice law in Kentucky and Ohio that same year. Plaintiff settled in his current residence in 1980, and has lived there since that time with his wife, Julia, and their three children: Taunya, Tim II, and Tifany. Presiding Judge: HON. JULIE REINHARDT WARD (617222) Plaintiff was as a public defender for Hamilton County during his first year as a practicing attorney. After that first year, Plaintiff was hired as an assistant law professor at Chase, and the Executive Director of the Legal Aid Society in Kentucky. In that position, Plaintiff was responsible for opening three offices for the Legal Aid Society 000003 of 000016 of Northern Kentucky and became involved with the Community Action Commission, a COM : 000003 of 000016 3 Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk federal agency which focused on providing legal representation to indigent persons of all races. Plaintiff also worked with Head Start, which offers a preschool program devoted primarily to helping African American and other disadvantaged children succeed in school. Plaintiff also brought and prevailed in a class action suit against the Newport Board of Education that resulted in a modification of board policy, and which had a disparate impact on African American families among others. Since 1970, Plaintiff has been a member in good standing of the Knights of Columbus, a Catholic charitable organization which helps the disabled. Plaintiff has never been a member of the Ku Klux Klan, (the “KKK”), much less is he the leader of a chapter of that organization. On the contrary, Plaintiff’s legal career was devoted to helping indigent persons of all races. Sometime in 1975, Plaintiff established the Hamilton County Legal Assistance Corporation, whose mission was to provide legal assistance to juvenile offenders in Cincinnati Ohio. Plaintiff went on to become the Newport City Solicitor in 1976. In 1978, Plaintiff was elected as a district court judge for Campbell County, a position that he kept through 1986. Thereafter, Plaintiff went into private practice, but had to retire in 1999 after being diagnosed with a pituitary brain tumor. His symptoms include depression and anxiety, for which he is Presiding Judge: HON. JULIE REINHARDT WARD (617222) being treated by medical professionals. Since then, Plaintiff has kept busy with real estate ventures and local politics. Plaintiff continues to live in the family home in California, Kentucky. 000004 of 000016 COM : 000004 of 000016 4 Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Normal Activities Throughout his career to the present, Plaintiff has remained active in the Northern Kentucky community, both politically and socially. Plaintiff is an active member of Republican Party of Kentucky. (The “RPK”). Plaintiff has served as the campaign chairman for his daughter who was elected Campbell County Circuit Court Clerk in 2010, and has furthermore spearheaded single-issue campaigns at the school board, county and state level. Plaintiff is currently involved in the fight against the heroin epidemic. Sometime in late 2015 or early 2016, Governor Matt Bevin’s Administration (the “Bevin Administration”), approached Plaintiff about the Bevin’s plan to reform the Kentucky Boxing and Wrestling Commission (the “Commission”). The Bevin Administration offered to appoint Plaintiff to the Commission. Plaintiff was eager to participate as a Commissioner, and the discussions renewed Plaintiff’s love and interest in boxing. Plaintiff began exploring the steps that he could take as a Commissioner to expand commercial opportunities for boxing, and mixed martial arts in the Northern Kentucky region. On May 17, 2016, Bevin announced the names of the appointed members of the Kentucky Boxing and Wrestling Commission, which included Plaintiff. Presiding Judge: HON. JULIE REINHARDT WARD (617222) Defendant Combs Combs, like Plaintiff has been politically active in the region for some time. Combs has served as a board member for the Campbell County School System, and has been active in the RPK. 000005 of 000016 Plaintiff and Combs have been acquainted with each other for about two decades. COM : 000005 of 000016 5 Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Filed 16-CI-00522 06/10/2016 Taunya Nolan Jack, Campbell Circuit Clerk Plaintiff has had occasion to oppose Combs on various issues, including Combs’s candidacy for County Commissioner, the organizational workings of the RPK, Campbell County School Board issues, and other political and other regional issues, including a contentious campaigns surrounding tax increase plans proposed by Campbell County, and the Campbell County School Board, respectively. Sometime in the early 2000’s, the pair had an altercation at the annual Campbell County fair. An anonymous speaker, who is believed to be associated with Combs and the other Defendants, and who is known on the whistleblower-newswire.com website as the “Bluegrass Bureau Chief Ken CamBoo” posted a picture on that site which depicted an unidentified person wearing a Ku Klux Klan robe and hood. (the “Picture”). The caption accompanying the Picture stated: ALSO IN NORTHERN KENTUCKY: Bluegrass Bureau Chief Ken CamBoo says this picture was posted on Facebook and then taken off, according to his source. It was taken at the Rabbit Hole. A bar in southern Campbell County and supposedly owned by former Judge Tim Nolan, is the father of Court Clerk Taunya Jack Nolan. Everybody’s wondering if this is a new form of Campbell County political fund raising for Nolan’s kid and those he is backing in 2014. Or maybe it’s his version of the new door-to-door campaign uniform. Attached hereto as Exhibit A, (the “Whistleblower Posting”); also available at: http://whistleblower-newswire.com/2013/11/10/ (as of the date of this writing). Presiding Judge: HON. JULIE REINHARDT WARD (617222) In September 2014, Combs and some of his associates formed the “GOP Facts Committee” purportedly because they were “appalled by … the recent