Professor’s varied lawsuits against University of Kentucky pending in state and federal courts

UK had announced Van Tatenhove, a federal judge who was appointed to the bench by Republican President George W. Bush, as the next dean of the College of Law earlier this year. However, the choice has been met with criticism, including from Democratic Gov. Andy Beshear, who had concerns over the procedures used to appoint the judge as dean and possible politicization of the law school. 

Woodcock’s attorneys argue that the matter can be reviewed in state court based on state contract laws and by appointing Van Tatenhove, who has been criticized for not having enough legal scholarship, the action is a violation of Woodcock’s employment contract with UK, according to the complaint. The contact says that the university must comply with “accreditation requirements” and some have argued that Van Tatenhove’s appointment could risk UK’s American Bar Association accreditation. 

Franklin Circuit Judge Phillip Shepherd has been assigned the case and a hearing was held Monday morning largely to review the first motions filed in the case, including for discovery and another hearing in the future. 

Meanwhile, Woodcock filed a lawsuit in state court similar to another pending federal lawsuit where he is seeking to have his teaching duties restored and end an investigation into his criticism of Israel and support of Palestine, such as circulating an online petition calling for military action against Israel. Last summer, Capilouto shared a public message that did not name Woodcock directly, but indicated the university was aware of the petition and called his views “if accurately attributed … repugnant.”

The state lawsuit was filed in Fayette Court but Woodcock’s attorneys requested to move the matter to Franklin Circuit. The U.S. Sixth Circuit Court of Appeals heard oral arguments in the federal lawsuit on July 28.