Statement from the University at Buffalo about dismissal of Malkan lawsuit

BUFFALO, N.Y. – A federal magistrate judge has dismissed the lawsuit brought by former University at Buffalo employee Jeffrey Malkan against former dean of UB Law School, Makau Mutua.  The court rejected Malkan’s claim that Mutua and UB had violated his due process rights when his appointment was terminated. The case was dismissed without further discovery or a trial.

The case was heard by Federal Magistrate Judge H. Kenneth Schroeder on referral from District Judge Arcara.  In addition to dismissing the case, the court also granted Mutua’s motion that sanctions be imposed on Malkan and his attorney, Rick Ostrove of Leeds Brown Law, PC., a Long Island law firm.  The court found that Malkan and his attorney had acted in bad faith by filing a “frivolous” claim that Mutua had perjured himself in the case.  The judge stated that “there is no evidence before the Court to suggest that Dean Mutua testified falsely.”

The court also fined Malkan’s lawyer $10,000, and held Malkan in contempt for violating a court order.  In doing so, the judge found that Malkan and his attorney had violated their ethical obligations.  The judge also noted that some of Malkan’s actions, which included sending hundreds of mass emails about Mutua, had been taken for “no reason … other than to harass Professor Mutua, needlessly increase the costs of this litigation and unduly burden the court.”

The judge also denied Malkan’s motion for sanctions against Mutua and Assistant Attorney General David Sleight, who had represented Mutua.

Yesterday’s ruling was the latest in a string of rulings from four different courts across the state dismissing a series of Malkan’s claims against UB.  Malkan and his attorney have 14 days to appeal the magistrate’s decision.

Reached for comment, Mutua said, “I am very pleased with the magistrate’s decision, which affirms the falsity and malice of the charges brought by Mr. Malkan. I am glad that the court not only affirmed the falsity of the charges, but has also sanctioned Mr. Malkan and his lawyer for their reckless behavior.”

In a separate ruling, the New York State Supreme Court today dismissed a defamation case filed by Malkan against UB Law School Interim Dean James Gardner after the university barred Malkan from campus because of emails he sent causing fear and distress among UB Law School faculty and staff.

“We could not be happier with these results,” said Gardner. “It is no surprise that Mr. Malkan, having filed three different losing lawsuits against the former dean, finally went ahead and filed a losing suit against me.  I am gratified that the court recognized that this action, like its predecessors, is completely devoid of merit.”