Federal Suspension Case
In November 2025, I sued University of Kentucky officials in federal court to stop their investigation of my speech and to end my suspension from teaching and my ban from the law building (the latter has since been lifted), which the University imposed after I posted my petition for international military action to end Israel to AALS discussion lists. Woodcock v. Capilouto, No. 5:25-cv-00424 (E.D. Ky.).
Sixth Circuit Appeal in Federal Suspension Case. The District Court in the Federal Suspension Case initially abstained. I appealed, and the Sixth Circuit reversed in August 2026 and sent the case back for a ruling on my motion to end the investigation and return to teaching. Woodcock v. Capilouto, No. 26-5057 (6th Cir.).
The major filings in this case are provided below.
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Notice Regarding State-Court Proceedings
At the October 6 hearing on my motion for a temporary restraining order, the court asked about my state-court proceedings. I explained that nothing the state court has done authorizes or restrains the investigation, that no ruling on interim relief in either court can bind the other, and that the federal court is the only…
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Response to Dispositive Motions
Before the October 6 hearing, the court asked whether the investigation causes irreparable harm, how immunity applies, and how its decision would affect third parties. I explain that the investigation is not a prelude to the unconstitutional action but the action itself, that immunity does not bar injunctive relief, and that the third parties most…
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Emergency Motion for a Temporary Restraining Order
I asked for a temporary restraining order halting the remaining stages of the investigation and lifting my suspension until the court rules on my motion for a preliminary injunction.
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Individual Defendants’ Motion for Judgment on the Pleadings
The individual defendants moved for judgment on the pleadings.
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Sixth Circuit Denies the University’s Petition for Rehearing
The University petitioned for panel rehearing. The Sixth Circuit denied the petition, and Judge Gilman concurred to say that the opinion leaves the District Court free to decide how to proceed on remand. The same day, the court denied my motion for immediate issuance of the mandate. Update: The mandate issued on September 18, 2026.
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Notice of New Development
I told the Sixth Circuit that, as soon as it ruled, the University ended the pause in the investigation it had maintained throughout the appeal, and that the investigator refused to extend my deadline to answer her questions.
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Motion for Immediate Issuance of the Mandate
I asked the Sixth Circuit to speed return of the case to the District Court to allow the District Court enough time to return me to teaching this semester.
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Opinion
The Sixth Circuit reversed the District Court’s decision to abstain from hearing the case and remanded to the District Court to decide my motion to return to teaching during the pendency of the litigation. Here is a recording of oral argument in the case, which was held on July 28, 2026 (source).
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University’s Rule 43 Notice and My Response
The University filed a notice in the Sixth Circuit about my state and dean suits. I responded and moved to strike the notice.
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Response to Motion of Brandeis Center to File Amicus Brief
Brandeis Center is one of the principal architects of the Palestine exception to free speech on campus. Its founder and CEO once declared that losing antisemitism cases is still a win for him because “[t]hese cases – even when rejected – expose administrators to bad publicity.” Here is my response opposing Brandeis Center’s filing of…