Beruflich Dokumente
Kultur Dokumente
JEFFREY MAD~AN
Plaintiff; DECLARATION
VS.
1l-CV-Ol36(A)
MAKAU W. MUTUA,
Defendm1t.
MAKAU W. MUTUAdeclares "Under penalty ofperj.ury under the la>vs of the United
States of America thattlle foflowingis true and c.e-r@t in a;;lcordance with 28 U.S.C. §1746:
1. I am. tlie Defendant i:n this action. lam currently employed by the State University
nf New York at Buffalo Law School (the "Law School") as a SUN\:' Distinguished Pmfessm and
Floyd H. & Hilda L Hurst Faculty Scholar. Fwn1 D~.e:mber 2007 to May 2008 I was <he iatt.•rim
Dean of the Law School. tn May 2.00R I was appuinted D0lil.1 of the Law School and held that
2. I make thJs. Dedaratiort in. ~)pposition to Plaintiff's mohmi fot Rule l ! sanctio11s
the best of my recol1ectfoti at both Plaintiff's PERB. hearing and at :my deposition in this case. I
motion to sever and exhibits ther¢to (,Docket No. 59} to support their argmnent thai: f
intentionally testified falsely at Piaintif:t~s PER'.B hearing and at my deposition in this i::ase:. Thus,
00003JJ
Case 17-38, Document 31, 02/17/2017, 1975451, Page6 of 162
It is importa:nt that the Court tmderstand the genesis of that motion and the nature of the co11t1ict
it embodies.
5. There are .!ongstandin.g 1ntt."rneeine conflicts at the Law School amongst members
of the faculty and administration. Many of these conflicts go back decades, and predate my
empfoyment at the Law Sd100L Plaintiffhas t--ynically sought to exploit these conflicts for gain
in this litigation. Among other things, he has used the internet as his pulpit, sending e-mails to
the en.rite Law School factiJt:y ahd admfoistratfon ol'l an almost daily basis atte1nptl:ng to win
sympathy frir his position in this case anrl cuny favor with those that opposed my de~ship or my
administration of the Law School. Many ofthe en'iails contain il:rfl:rt111tdfon that Piaintiffw<>uld
only have obtained from, Law Sd100Lf:aootty or staff. hfost oftbe emails are abusive, ci:ude, arid
1h.reatening to me. Many of the l'tnails h~ve been copied to renior officials at the University at
Buffalo. Plaintiff has also widely po:sted what I regard as defamaforymaterial abotitme in
conneetion with this Htigatim1 on the Web. The _purpose of such posts O'n the Web appears to he
6. At the hegi:i'.ming of this Htigatipn, Mr. Ewing wid l were defending this. case
together pursuant to a j(Jint de:fbnse agreement Mr. Ewing was well awa:re at that time that
Plaintiff was dai:ming that in April 2010 I had testified falsely at the PERB hearing about what
transpired at the Aprll 28, 2006 meeting oft.he PttmWtirm and Tenure Conunittre. See..e..g.,
copie!:i ofe~mails attached as Eihibit "'Ac.'' The fu.culty men1hers who'i!e tei;timony and
declarations Defendant Ewing used to su1~rt his motion were like\v:ise awate of Plain.tiff's
claims. See.. e.g.• letters attached as Exhibit "B." M'r. Ewing was· al:so weil aware that f had
testifo.,"d conslstetitly at my depositi<>n in this action in Dec.einbe.r 2013. Yet, Mr. E:wing's
;."oncem with being tainted by his association 'with me in this action did not prompt him to move
Case 17-38, Document 31, 02/17/2017, 1975451, Page7 of 162
487
case 1:12-cv-00236-MAT-HKS Document 74 Flied 06/26/15 Page 3 of 5
to
r wou[d like to
Viee Dean fbr Academic him.
told me that l had !;itci to reniove him as Vice Dean and thereafter sent a bitter
motion Rebeecca Isabel Marcus and Mather - also have axes offhefr
own to I removed Ms. Mather as Dir¢(';tor ofthe Center for Law and in 2D08
vvoukl
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487
case 1:12-cv-00236-MAT-HKS Document 74 Filed 06/26/15 Page 4 of 5
every initiative my
ki10w11 that
JO,
lL On or about Mt
member-
20 I 4, A copy
dismissal of M.r,
Case 17-38, Document 31, 02/17/2017, 1975451, Page9 of 162
action with preju.clke artd with-0ut t~$ or Ct'>Sts, Dock~ No. 64.
Dated: June 26, 2015
Rome, Italy
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