Well Wadley is a whiny pos that just wasn’t good enough or committed enough to play in NFL. I hope Iowa countersues these Ambulance chasers. They are no social issue hero’s. They are not victims. They are simply using a real social issue to attempt to capitalize monetarily. they have never been interested in culture change at Iowa. They are full of shìt.
8 former Hawkeyes sue the university and ask for Ferentz firing
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Well Wadley is a whiny pos that just wasn’t good enough or committed enough to play in NFL. I hope Iowa countersues these Ambulance chasers. They are no social issue hero’s. They are not victims. They are simply using a real social issue to attempt to capitalize monetarily. they have never been interested in culture change at Iowa. They are full of shìt.
According to HawkCentral’s latest story, they didn’t file in federal court as Solomon-Simmons’ initial demand letter claimed they would. They apparently filed in state court (Polk County) and, as of now, it does not yet show up on the electronic docket.
I intend to check throughout the day and will pull the Petition as soon as it is available.
One thing is certain .... media across the country is picking up the story.
I certainly hope that the U of I doesn’t rely upon the AG’s office to handle this case. Outside legal counsel is a must.
I intend to check throughout the day and will pull the Petition as soon as it is available.
One thing is certain .... media across the country is picking up the story.
I certainly hope that the U of I doesn’t rely upon the AG’s office to handle this case. Outside legal counsel is a must.
I want them to picket outside Kinnick in the fall of 2021 on gameday. Block traffic on Melrose.
Thanks for keeping us updated! What are the implications of filing in Polk vs Federal and is there any takeaways as to the validity/strength of their case filing in one vs the other?
They don't have a viable claim under the Iowa Civil Rights Commission because of the statute of limitations there but not surprising they are sending a letter. Part of this is obviously a PR thing. Very interesting they filed in state court. Didn't think that was going to be the case. I am very interested to see the complaint.
My 2 cents on filing. In my limited experience in employment cases much easier to get dismissed in Fed CT than state court. Another sign of weakness cause losing some damage claims by going to state court. But better chance to survive Summary Judgment. Aurora or David thoughts?
It looks pretty obvious at this point that they have little/no case. The strategy, therefore, is to keep dragging this out, create as much negative publicity as possible in the hopes that Iowa settles to get it out of the news.
I'm hoping like hell that Iowa gets quality council and fights this. Settling will indicate guilt to most outside of our fanbase and would be used against them long term on the recruiting trail. Getting quality council and shutting this down may keep it in the news more, but it also give them a chance to tell their side, get support from a myriad of former black players who are not disgruntled (positive publicity), and end up with the ability to say that they were ultimately proven to be the money grubber extortionists that they are.
I'm hoping like hell that Iowa gets quality council and fights this. Settling will indicate guilt to most outside of our fanbase and would be used against them long term on the recruiting trail. Getting quality council and shutting this down may keep it in the news more, but it also give them a chance to tell their side, get support from a myriad of former black players who are not disgruntled (positive publicity), and end up with the ability to say that they were ultimately proven to be the money grubber extortionists that they are.
I just performed another statewide search for a case (state courts) involving Wadley as a plaintiff, Barta as a defendant or Ferentz as a defendant. Nothing up yet.
I then did a federal court search in the PACER system. Again, nothing up.
@David1979 @Hkfan23 What’s your bet? Breach of contract theory? Avoid federal question? Try to prevent removal? Can’t remove to federal court on basis of diversity if filed in home jurisdiction. Really curious to read Petition.
Quick question as I haven’t seen list of defendants. Why would PolkCounty be the right venue as opposed to Johnson County? Is one of the defendants in Polk County?
EDIT: If the University of Iowa is a defendant, then venue is most likely proper. If the case can't be removed to federal court, I'd certainly try a motion to transfer venue to Johnson County under a forum non conveniens theory. I cannot imagine that there is an iota of proof located in Polk County. Blatant forum shopping.
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totally agree. Aurora amd I talked about this. You get the best. And that is not the AG’s office and not only dismantle the fact elements but more importantly their legal claims. You paper screw this guy from Okie. Even in State Court they cannot keep up. This case from what I read will never see the light of a jury. And yes, the hundreds of players black and white that can now speak will kill this case cause a lawsuit and no repercussions. My 2 cents.
Wow.If they file in state court without Fed claims they are obviously worried about Summary Judgment. Weakness. I have no idea about Polk County. I would immediately move to transfer venue to Johnson County. But they also know that is a disaster for them. Hawk fans listening to claims from players nobody ever heard of cause they were 4th string. The more this goes the weaker it gets. Plus, still have SOL and damage issues. And if people don’t think plenty of black kids will crush these “individual stories” they are crazy. They way overplayed their hand.
I was assuming it was Polk because the University was named but don't know. I would have to bet there is some type of breach of contract theory in there. Thought it was interesting they are naming Braithwaite as a Defendant when there have been no allegations against him. I wonder if the clerk just hasn't accepted the filing yet or what?
Or shit outa luck, take your pick in this case.
Sorry the time limit a claimant has to settle or sue. Statue of Limitations (SOL), Simple example, you are in a car accident 2 years and 1 day ago. Because Iowa has 2 year SOL on personal injury claims if you decided to to sue today you are time barred. Shit out of luck based on the SOL. So some of these former players may and do have SOL problems on their claims. God I hope we hire the right firm. Aurora please help us get the right firm. I already wrote a letter. We cannot have another debacle like we did with Barta and the discrim cases. The AG’s office is not equipped period. Not with what it takes in experience or the man/women hours. A good law firm with the resources would bury this case IMO. This Okie guy and local counsel have little chance. Out of their league.
Most likely. Just checked the state court e-docket again. Nothing has been posted.
Your question is one which usually takes me about 30 minutes to discuss with clients after I have a chance to review the Complaint or Petition.
We have plenty of time! Just kidding. Like a I said previously. I appreciate the insights.
Case has been posted on Iowa Courts on-line. Case number LACL149143. Filed in Polk County. Filing is referred to as an "Intentional Tort."
Going to my e-docket account to pull the Petition now.
Going to my e-docket account to pull the Petition now.
Plaintiffs:
Akrum Wadley
Jonathan Parker
Marcel Joly
Aaron Mends
Maurice Fleming
Reggie Spearman
Kevonte Martin-Manley
Darian Cooper
Laron Taylor
Brandon Simons
Javon Foy
Andre Harris
Terrance Harris
Count I - Against U of Iowa and Regents - Title VI claim (federal statute) - Racially Hostile Educational Environment - damages sought are consistent with personal injury claims (pain and suffering, mental anguish, etc). Seems to be asserted on behalf of only Mends, Simon and Foy.
Count II - Against U of Iowa and Board of Regents - Title VI claim (federal statute) - Retaliation - same type of damages requested. Seems to only be asserted on behalf of Mends.
Count III - Against U of Iowa and Board of Regents - Title VI claim - Systemic Pattern and Practice of Discrimination - damages are consistent with personal injury claims. Seems to be only asserted on behalf of Mends, Simon and Foy.
Count IV - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Deprivation of Rights - Only seems to be making claims for Wadley, Parker, Joly, Cooper, Mends, Simon and Foy. Same type of damages claimed as in a personal injury claim.
Count V - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Conspiracy to Deprive Players of Rights - On behalf of all named plaintiffs. Same type of damage claims.
Count VI - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Conspiracy to Deprive Equal Protection - On behalf of Mends, Simon and Foy. Same type of damage claims.
Count VII - Against Kirk Ferentz and Barta - Section 1983 claim - Failure to Train and Supervise - on behalf of Mends, Simon and Foy. Same type of damages claimed.
Count VIII - Against All Defendants - Breach of Contract - On Behalf of All Plaintiffs - Seeking all damages arising out of the breach of contract (claiming that the contract was breached by Defendants' actions which failed to eliminate systemic racial prejudices)
Lots to chew on but I have a 1:30 p.m. conference call . . .
Akrum Wadley
Jonathan Parker
Marcel Joly
Aaron Mends
Maurice Fleming
Reggie Spearman
Kevonte Martin-Manley
Darian Cooper
Laron Taylor
Brandon Simons
Javon Foy
Andre Harris
Terrance Harris
Count I - Against U of Iowa and Regents - Title VI claim (federal statute) - Racially Hostile Educational Environment - damages sought are consistent with personal injury claims (pain and suffering, mental anguish, etc). Seems to be asserted on behalf of only Mends, Simon and Foy.
Count II - Against U of Iowa and Board of Regents - Title VI claim (federal statute) - Retaliation - same type of damages requested. Seems to only be asserted on behalf of Mends.
Count III - Against U of Iowa and Board of Regents - Title VI claim - Systemic Pattern and Practice of Discrimination - damages are consistent with personal injury claims. Seems to be only asserted on behalf of Mends, Simon and Foy.
Count IV - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Deprivation of Rights - Only seems to be making claims for Wadley, Parker, Joly, Cooper, Mends, Simon and Foy. Same type of damages claimed as in a personal injury claim.
Count V - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Conspiracy to Deprive Players of Rights - On behalf of all named plaintiffs. Same type of damage claims.
Count VI - Against Ferentz, Ferentz, Doyle and Barta - Section 1983 claim - Conspiracy to Deprive Equal Protection - On behalf of Mends, Simon and Foy. Same type of damage claims.
Count VII - Against Kirk Ferentz and Barta - Section 1983 claim - Failure to Train and Supervise - on behalf of Mends, Simon and Foy. Same type of damages claimed.
Count VIII - Against All Defendants - Breach of Contract - On Behalf of All Plaintiffs - Seeking all damages arising out of the breach of contract (claiming that the contract was breached by Defendants' actions which failed to eliminate systemic racial prejudices)
Lots to chew on but I have a 1:30 p.m. conference call . . .
When I was 15, I was once told by my shift manager at Hy-Vee to button my shirt all the way to my tie. That totally made me feel like I couldn’t be myself. I’m thinking about suing for 75 bucks.
Dude, you totally have a case, f'in Hy-Vee. I'll represent you...but my initial fee is $2500 and then $300/hr after that...with a 10 hour monthly minimum. Where shall I send the agreement for you to sign?
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What a gigantic waste of ink. Phhhhht (not you Aurora - awesome work- thanks!)
Just at first glance, looks like an uphill battle for the plaintiffs.
I expect that defendants will remove it to federal court due to the federal questions raised. If so, can't wait to read the Rule 12(b)(6) motions to dismiss . . . particularly Count VIII.
Yes removal for sure. God I hope Iowa gets the right counsel and takes care of this.
Also . . . it appears that comments made by legal counsel on here regarding SOL problems for many of the plaintiffs appear to have been prescient. Pretty sure that only Mends, Simon and Foy were on the team as of November 2018 or later.
Anyone else wondering who the hell Javon Foy is?
Of the 13, who qualify for damages and who do not because of the SOL (statute of limitations)?
During the game tonight, I can guarantee they talk about this. Is this simply a publicity stunt to make the UI look bad, to extort money from the UI & to make these ex players shut the hell up and go away?
you know how some men like to wear their pants below their butt? i wonder how managers handle this now a days....
can we do a class action on behalf of fans for the pain of suffering from this season?
Looks like he was a walk on in 2019 from Moline that is no longer on the team. Some info on him here and his claims.
Q-C Hawkeyes share experiences, seek change
Recent words of former teammates have resonated with Iowa football players from the Quad-Cities, who join other Hawkeyes in calling for change within the program.
Looks like he was a walk on in 2019 from Moline that is no longer on the team. Some info on him here and his claims.
Q-C Hawkeyes share experiences, seek change
Recent words of former teammates have resonated with Iowa football players from the Quad-Cities, who join other Hawkeyes in calling for change within the program.qctimes.com
I just read that Doyle quote to Kallenberger, how is telling someone they should read a book rather than watching movies calling someone stupid? We tell our kids that all the damn time.
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