The DK Metcalf incident from Sunday is the holiday gift that keeps on giving.
Via Brooke Pryor of ESPN.com, Ryan Kennedy (the fan who was assaulted by Metcalf at Ford Field) will conduct a press conference on Friday with his lawyers. The purpose of the event will be to “address the assault, correct misinformation that has been publicly repeated as fact, and discuss the serious consequences Mr. Kennedy has faced.”
The press conference is the latest indication that a lawsuit is coming, against Metcalf and others. One claim will likely be based on the clear assault/battery that Metcalf committed. Even if Kennedy suffered little or no physical harm, the law makes it obvious that Metcalf contacted Kennedy in an offensive manner.
Another claim likely will arise from the publication of the allegation that Kennedy used a racial slur toward Metcalf, along with an inappropriate term about Metcalf’s mother. If, as Kennedy insists, he didn’t say any such thing, the false assertion that he did amounts to defamation. Because Kennedy is not a public figure, the standard for proving defamation is low — any false statement that makes him look bad becomes actionable.
And the defamation claim will have much greater potential harm, and thus financial damages, attached to it. The statement that Kennedy’s lawyers issued on Monday contends that he has experienced “harassment, threats, and messages advocating violence” against him, sparking “serious concern” for his safety and the safety of his family. A defamation lawsuit would be aimed at compensating him for that experience, perhaps with a claim for punitive damages on top of it.
Metcalf apparently shared his version about the things Kennedy allegedly said, directly or indirectly, with multiple media outlets, neither of which mentioned Kennedy’s separate claim that he merely uttered Metcalf’s full name. Metcalf also apparently repeated those claims during his appeal hearing on Tuesday, prompting the NFL to declare on Wednesday that the NFL Network report from Tuesday night that Kennedy will face no discipline by the Lions or the league was “not accurate.”
It’s entirely accurate to say that this episode is far from over. The press conference is next, with a lawsuit likely following it.
