As the NFL was figuring out what to do about Steelers receiver DK Metcalf and his decision to approach the stands and initiate contact with a fan, Metcalf’s camp was working hard to get his side of the story out there (even if Metcalf declined to provide his side of the story after the game).
Here’s the problem. The fan strongly disagrees with the version that became the subject of multiple media reports, and he’s clearly planning to sue one or more parties.
Via Brooke Pryor of ESPN.com, the fan whom Metcalf grabbed and tried to punch (it grazed the fan at best) has retained counsel, who have issued a strong statement contradicting the reports regarding the fan’s role in the situation.
In the statement, Shawn Head and Sean Murphy of the Head Murphy Law Firm called the allegations of inappropriate comments from Ryan Kennedy “completely false.”
“Ryan Kennedy categorically denies using the ‘N-word,’ the ‘C-word,’ or any racial, misogynistic, or hate-based slur during the incident,” the lawyers said. (Emphasis in the original.)
“The claims suggesting otherwise are untrue and are not supported by video evidence, eyewitness accounts, or any contemporaneous reporting,” the lawyers said. “Despite reports in the media last night and today, Mr. Kennedy has not used such language during any interaction with Mr. Metcalf or any other players in the past.”
The statement mentions in the final paragraph that “this matter will now likely be the subject of formal legal proceedings.” Although Kennedy can sue Metcalf for assault and/or battery (the evidence of it is clear), he was not obviously injured, which means that the damages will likely be very low. However, the statement from Kennedy’s lawyers makes it clear that a defamation lawsuit is being considered, possibly against Metcalf, whoever leaked Metcalf’s version to the media, and/or the media members who may have shared those claims without attempting to ascertain Kennedy’s version of the events, and/or without mentioning Kennedy’s claim to the Detroit Free Press that he merely called Metcalf by his full name.
“Since these false statements began circulating publicly, Mr. Kennedy has been subjected to harassment, threats, and messages advocating violence, creating serious concern for his and his family’s personal safety and well-being,” the lawyers said. “No private individual should be falsely branded with such accusation or exposed to threats based on information.” (Emphasis in the original.)
Word of the allegation that Kennedy used multiple slurs toward Metcalf first emerged from Chad Johnson’s comments on the Nightcap podcast. Later, Tom Pelissero of NFL Media reiterated the same claims. They could both end up involved in a potential defamation lawsuit — along with Metcalf and/or whoever pushed an allegedly false narrative about Kennedy’s remarks.
Because Kennedy is not a public figure, the bar for proving defamation would be much lower than it would be if, for example, false information had been publicized about a player. Which means that, on top of everything else the NFL will be dealing with as it relates to cleaning up the mess Metcalf caused by initiating contact with Kennedy, the league now needs to worry about its in-house media operation’s decision to publish Metcalf’s potentially false claims without properly vetting them, without seeking comment from Kennedy, and/or without mentioning Kennedy’s version of the events as supplied to the Detroit Free Press.
As to Johnson, his comments didn’t even cite a source. He said it as if it was factual. And so Sharpe/Johnson have a potential legal issue, too.
Bottom line? The incident itself created little if any true liability. The effort to stave off a suspension and/or to justify Metcalf’s actions could become a very expensive proposition, for Metcalf, his representative(s), and/or multiple media outlets.
