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  1. #1
    Nick's Avatar
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    Rams cut Downey, who may file grievance

    From Len Pasquarelli--

    Regular visitors to this site know that, over the past year, we have documented the plight of Khiawatha Downey, the offensive lineman stricken with multiple sclerosis, who teams shied away from in the 2004 draft. Well, Downey suffered another setback this week, one that could end his dream of playing in the league. Several weeks ago, Downey signed on with the St. Louis Rams as a free agent. He had been in camp with San Francisco last year, also as a free agent, sustained a knee injury, and eventually reached a settlement on his contract. Because they wanted Downey to participate in their offseason program this spring, the Rams did not allocate him to NFL Europe, feeling instead that he would benefit more under the watchful eyes of their staff. Earlier this week, Downey packed his car and headed for St. Louis, where the offseason program commenced. But he experienced mechanical difficulties along the way, phoned a Rams staffer, and explained his arrival would be a bit delayed. But when he went out of contact for about 12 hours, and missed a morning weight session, St. Louis waived Downey. This is the same team, it should be noted, that continues to employ offensive tackle Kyle Turley, a guy who allegedly threatened to kill coach Mike Martz last year. Now Downey has no job and it's too late to try to catch on with an NFL Europe team. It's likely that Downey, who was fighting long odds to begin with, will file a grievance against the Rams. It's likely, too, that his football career is ended.

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  2. #2
    theodus69 Guest

    Re: Rams cut Downey, who may file grievance

    Would have liked to see him get a chance. And why are we still employing Turley if he is all but gone anyway? :upset:

  3. #3
    AvengerRam's Avatar
    AvengerRam is offline Moderator Emeritus
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    Re: Rams cut Downey, who may file grievance

    Not too much of an agenda, there, huh Pastabelly?

    As an employment lawyer, I can tell you that there is a well recognized doctrine in discrimination law called the "same actor" doctrine. Essentially, if an employer hires an individual with full knowledge that the individual is in a protected category (i.e. the decisionmaker is aware that the person is of a racial minority, is over the age of 40, or possesses a disability), and that same employer later terminates the individual, the employer is permitted to advise the jury (in a discrimination action) of that fact and assert that it is unlikely that a person, who presumably had no bias at the time of hire, suddenly acquired one at the time of discharge.

    The point is, for Pastabelly to throw out this type of implicit accusation (while trying to draw an analogy to Turley, a former Pro Bowler with a big cap number), is beyond irresponsible.

    I guarantee you that if the Rams thought Downey could help the team, he'd still be there.

  4. #4
    general counsel Guest

    Re: Rams cut Downey, who may file grievance

    Furthermore, on the legal side, downey has to show that his damages are related to the rams conduct, ie cutting him. He has a duty to mitigate his damages by seeking other employment. The fact that pastabelly acknowledges that his nfl career is "probably over" indicates his belief that no one else is going to sign the guy. Coupled with the fact that his contract was clearly not guaranteed, i dont see the damages. The turley situation has nothing to do with the price of rice in china in this context.

    ramming speed to all,

    general counsel

  5. #5
    ZigZagRam's Avatar
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    Re: Rams cut Downey, who may file grievance

    Come for the football, learn a valuable lesson in the judicial system. Gotta love the Clan.

  6. #6
    UtterBlitz's Avatar
    UtterBlitz is offline Registered User
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    Re: Rams cut Downey, who may file grievance

    That is unfortunate. Downey could have been one of those feel good stories if he would have worked out.
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