by Ambrose O'Bryan
edited by Dave Lackford
Louisville lawyer Nader G. Shunnarah has filed a civil suit against Katina Powell and IBJ Publishing on behalf of current University of Louisville students. Shunnarah has also petitioned the Court to obtain an injunction, stopping IBJ from paying Katina Powell from the proceeds of the book. The lawsuit alleges that Powell engaged in criminal conduct, promoting prostitution, and is now profiting from that criminal conduct.
In Kentucky, people who are intentionally harmed by the criminal conduct of someone else have a statutory right to recovery for that harm under KRS 446.070. That statute says, “A person injured by the violation of any statute may recover from the offender such damages as he sustained by reason of the violation.” Essentially, the claim here is that Katina Powell has harmed students at the University of Louisville because of her criminal acts, and not those students have a right to recover from her.
Think about it like this:
- Students at the University of Louisville are there because a degree from UofL has a market value greater than a degree from a smaller school, like Murray or Morehead State. Students also pay a premium price for that degree, more than they would pay for a degree at a smaller school.
- The value of that degree is now diminished because the reputation of the school has been forever tarnished due to Katina Powell’s criminal conduct.
- The students who have been harmed by this criminal conduct have a statutory right to recover for that harm.
It’s a creative legal theory. It will be very interesting to see if the Court freezes Powell’s proceeds from the book, “Breaking Cardinal Rules.”
In an interview with Reservations4Six, Shunnarah said:
“The goal here is to benefit students instead of the prostitute. Who better to benefit than the students? When you commit a criminal act and it damages an entire University, your degree, the value of your degree, your ability to pay back student loans, and your ability to get a job? What do you think of when you mention Penn State? If you’ve got a degree from PSU, it’s got that taint to it and that has an effect. Also, if the school is sanctioned by the NCAA and can’t participate in the NCAA tournament, then the school loses money and that effects the students, tuition goes up.”
Currently there is only one student named in the law suit. Shunnarah invites any currently enrolled University of Louisville Student to join the suit by calling Nader George Shunnarah at 502-587-7919 or by emailing him at [email protected].