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Submitted on Wednesday, May 25, 2016 - 09:39
Submitted values are:
--Personal Information-Salutation: Mr.
First Name: Jeffrey
Last Name: Malkan
Email Address:

re: Malkan v. Mutua; Malkan v. State University of New York (Buffalo); NYSUT/UUP v. SUNY Buffalo
(May 24, 2016)
The faculty is well aware, at this point, that Makau W. Mutua has never offered me any opportunity to
put this matter behind me. There has never been any offer of an apology or a name-clearing message,
nor any offer of compensation for any of my damages.
His intention was not just to remove me from this faculty, but to prevent me from ever again joining any
faculty. What has taken this abuse of power beyond all bounds of human decency is that Jim Gardner
and Satish K. Tripathi last October used the State University police department to create a diversion
from Makau's crimes. This bizarre hoax was an attempt to stigmatize me with the most heinous of
crimes - the assassination of my own colleagues in the workplace - and destroy my ability to function
anywhere in society.
These facts are not widely known by the faculty:
* I was a finalist (on-campus interviews) for three tenure-track jobs in the spring of 2009 and all of them
fell through after the Dean's Office here clarified for my prospective employers that I was not leaving
Buffalo voluntarily. Jim Gardner was free to embellish, from his position as Vice-Dean, on what the
"good cause" was. Afterwards, instead of forwarding my mail to me, which included all of my job-related
correspondence, the Law School had it all marked "return to sender."
* I had asked former-Dean Olsen to move me to the University tenure-track after my promotion to full
clinical professor. There was precedent for this. Tony Szczygiel and Peter Pitegoff had both been invited

to move from clinical appointments to tenure-track, and Nils himself was primarily a clinical professor. I
was well qualified to switch tracks by this faculty's academic standards. Nils declined because he did not
want to give Jim Gardner and Lucinda Finley an opportunity to renew their attack on me. His prudence,
however, turned out to be unavailing after President Tripathi put Makau Mutua into the Dean's Office
and legality was removed as a constraint on retaliation and repression.
It took me many years to acquire my academic credentials, which include principal degrees from
Columbia and Stanford and a Ph.D in English from Stony Brook, and I did so with the intention of having
the career that I had. That has all been stolen from me, along with my livelihood, my standing in society,
and my peace of mind.
When Makau W. Mutua lied under oath to subvert the judicial process, and Satish K. Tripathi signed a
false affidavit to cover-up the crime, this case crossed the line from civil to criminal.
The presence on the platform at commencement of Hon. James H. Dillon, who dismissed my defamation
case against Jim Gardner three days after he received my papers and without any written opinion, is
only the latest shock to the conscience that has come out of this litigation. Two dishonest law professors,
both with personal agendas and put into the Dean's Office without the ABA-required faculty nomination,
have disqualified themselves from continued membership on a law school faculty, and I have an
obligation to press that point. There aren't two sides to this story, only a right and a wrong, and there
aren't many options left for what the faculty will have to do about it.

Jeffrey Malkan

New York State Attorney General Web Team