Sometime last year, on Thursday, April 11, 2019 to be precise (that is, on 4/11//2019) I filed a Tort action in Federal District Court in Minnesota against iHeartMedia and the resident RASCAL, I mean “DJ”, with its 101.3 KDWB Radio Station located in St. Louis Park, Minnesota. I thereafter filed papers to temporarily discontinue the action in federal court, which I plan to refile in Minnesota state court soon.
For those really curious about why I discontinued the action in federal court in the first place, let me just say it has something to do with the legal complications from iHeartMedia’s recent, er, blockbuster bankruptcy.
Since I filed that action (and despite the fact that I had discontinued the action in federal court), it showed up—and prominently—on any search of my name on Google. It usually came up as “Akeem Soboyede v. iHeartMedia“. Then, just a few hours ago, I noticed that entry had disappeared from searches of my name. I literally thought the PACER server had “disappeared” also, along with its distinguished contents!
Hhhhhhmmmmmmnnnnnn.
Anyway (my favorite ad lib), I have chosen to reproduce the bare Complaint in the (since-discontinued-in-federal-court) matter of Akeem Soboyede v. iHeartMedia on this page. Not included in that Complaint—but to be highlighted in other fora—is the Rascal DJ’s decades’-long and obvious determination to also advance the cause of DEMONISM and DEMONIC BELIEFS within the geographical area his radio station holds sway—and most likely outside it (Thanks to Dr. Stella Immanuel for helping to shed a much-needed light on that recently, despite the strident attempts to also discredit her by those “human” demons in our midst who will do anything not to be exposed. More on that later—and soon).
For example, just ask Dave Ryan, and his listeners, about “Gary Spivey” and all that “do-you-feel-hot-and-which-I-know-through-your-radio” tripe (which Dr. Stella Immanuel has now transformed into a very, very serious matter, thank God, probably even unknown to her).
Still, I digressed. Now SEE / Read the Complaint in Akeem Soboyede v. iHeartMedia below:
- Starting from sometime in early 2001, Dave Ryan, working with and employed by the radio station 101.3 KDWB which is at the present time owned by the Defendant iHeartRadio, commenced an ill-disguised campaign (documented over the years by infrastructure / mandatory recordings owned / maintained by defendant iHeartRadio / iHeartMedia, Inc., and which are discoverable through business records maintained during the time the disturbing campaign / shenanigans has lasted, which is uptill at least until very recently) characterized by extensive and persistent / persisting acts of body-shaming, specifically one aimed at drawing attention to people’s HANDS—and continuously body-shaming those with skinny / small hands and wrists.
- During the duration of this campaign, Dave Ryan used / has used his pre-eminent position as an on-air radio personality or “DJ” employed by / at the radio station 101.3 KDWB Radio Station located in St. Louis Park, Minnesota, to draw up song playlists (part of the radio station’s business records) and indeed play (ed) songs that emphasized / emphasize words, puns and other verbal weapons, with the sole intent being to body-shame and draw unnecessary and unwanted attention to a specific part of the human anatomy of potential listeners of the above-referenced radio station: their HANDS / WRISTS or associated parts of that specific segment of the human anatomy.
- Upon good information, belief, extensive observation and research, in order to tortiously and successfully execute his body-shaming scheme, Dave Ryan recklessly, negligently and ruthlessly employed a very effective means of communications (the radio)—access to which also constituted his getting the public’s trust— to recklessly breach, abuse and desecrate, for close to two decades the trust of his listening publics. To achieve this tortious aim during the applicable relevant period (from at least June 2001 to the present time) Dave Ryan MOSTLY plays—or causes to be played—songs (after compiling, or causing to be compiled, a playlist, which is standard operating procedure in the industry) that contained very copious and extensive references to the words “and”, “hands” or homophonic variations of such.
- Then, acting alone and / or through instructions to his surrogates, both within the radio station 101.3 KDWB and apparently other radio stations owned by defendant iHeartRadio/ iHeartMedia, Inc., across the United States, during the Relevant Period, these songs would be played ad nauseam by such stations owned, controlled and directed by defendant iHeart Radio / iHeartMedia, Inc. and to which Dave Ryan apparently had unlimited access
- In addition to methodically, constantly and ruthlessly / negligently playing such songs ad nauseam, in an act that constituted an irresponsible and extensive act of corporate-abetted electronic body-shaming, Dave Ryan cultivated and knowingly/ruthlessly deployed speech patterns, pronunciations and other speech aids during his very popular “Dave Ryan In The Morning” radio program on the 101.3 KDWB Radio station, which placed undue emphasis on the words “hand”, “and” (particularly the latter) and other variations of those words, in a very apparent and reckless bid to engage in body-shaming through electronic means, while breaching the trust of his listening publics, by utilizing a powerful instrument of mass / public communication (radio) to which he had access, or which was entrusted in his care, for extensive periods of time. Those speech patterns, pronunciations and other speech aids Dave Ryan deployed during the relevant period for such reckless purposes are entirely discoverable and will be obtained and proffered during trial to prove the point made above.
- Dave Ryan ruthlessly and, without regard to any damage he might be causing members of his listening publics that might have been / are listening to the music played or programs aired on his 101.3 KDWB radio station—and other stations owned by the Defendant during the relevant period—abused and misused his access to the living rooms, bedrooms, kitchens, basements, offices, cars and other locations of his listening publics, through which he accessed those listeners by radio, a very powerful and ubiquitous means / instrument of public communications. The radio station101.3 KDWB is known as a very influential station in the Minnesota radio market and even beyond (because of the Internet) and well-listened to by those in the coveted 18-49 years’ old demographic, especially the very impressionable sub-set of such listeners, who are likely to have been very affected—like Plaintiff—after many years of unwitting exposure to body-shaming materials disguised as “songs” and “show content” and pushed out to them by Dave Ryan during the Relevant Period.
- A specific modus operandi employed by Dave Ryan while he relentlessly and ruthlessly pushed his “h/and campaign” (particularly during the years 2001 to 2018) was to flood the airwaves with songs which lyrics emphasized the words “and” and “hand”, especially as the Summer months approached (March, April, May); he would then, during the Summer months proper (June, July, etc.) subsequently inundate the same airwaves over which his 101.3 KDWB radio station had / has such an outsize influence in Minnesota (especially among the 18-49 year-old listening demographics) with such body-shaming songs that target (ed) this particular, specific part of the human anatomy (hands). There was a particular song (“Dance With Me / Clap Your Hands”) released by the group “112” (under the imprint of the music company, BAD BOY ENTERTAINMENT) that was released back in 1998, but which got heavy airplay on the F-M music station 101.3 KDWB (a station supposedly dedicated to airing newly-released or current songs / materials) year-in, year-out from 2002 to at least 2010, especially as the Summer months approached.
- It is a fact, through evidence that is copiously and widely available in Minnesota (where the radio station 101.3 KDWB operates, does business and is widely-available or listened to among the 18-49 age demographic) and beyond, and which will be proved during trial, that the expression “101” variously stands for “skinny human hands / wrists”; “very small human hands / wrists”; “smaller-than-average human / male hands / wrists” or “otherwise ugly human hands or wrists”, among other very unflattering and potentially psychologically-devastating connotations.
- The expression “101” certainly does not (and evidence will be obtained and led to prove this at trial) mean nor insinuate “big, moderately big-hands” or “muscular / manly hands / wrists”, etc. This “distinction” is clearly the consequence of the body-shaming exertions by Dave Ryan already mentioned above, and which will be detailed in a subsequent litigation / trial.
- Simply put, Dave Ryan’s hand-shaming exertions primarily through the radio station 101.3 KDWB and apparently other stations owned by defendant iHeartRadio within the Relevant Period were so thorough and “successful” that the same listeners that were exposed to—or even victimized—by such abusive, body-shaming exertions aptly “named” those efforts (and its consequence) “101”, which meant “small hands / wrists”, etc., after the primary source of the body-shaming efforts: Dave Ryan, the 101.3 KDWB radio station in Minnesota and primarily others across the United States owned by defendant iHeartRadio / iHeartMedia, Inc. during the relevant period.
- Plaintiff believes—and plans to present evidence during trial to that effect, that he was / is the primary target of Dave Ryan’s extremely tortious, public and devastatingly harmful body-shaming / hand-shaming efforts, while he (Dave Ryan) primarily utilized the radio station 101.3 KDWB located in St Louis Park, Minnesota, and apparently other stations owned by defendant iHeartRadio / iHeartMedia, Inc., within the Relevant Period.
- Plaintiff believes (and will produce and lead evidence during trial to prove such) that the ends of such reckless and intentional efforts by Dave Ryan regarding Plaintiff include the following: (i) embarrass and ridicule Plaintiff publicly and constantly (through an enduring electronic campaign that was as long-running as it was vicious) (ii) bring undue public attention (especially in public spaces or where other members of the public have access) to Plaintiff’s very small / skinny / hands / wrists (and possibly those of others), with the obvious, continuous and never- ending aim being to ostracize Plaintiff, limit his social / economic / romantic opportunities—and thereby make Plaintiff’s professional, family and marital life a misery, as it eventually happened in Plaintiff’s case (along with a lot of physical and psychological damage), for which copious evidence will be obtained and led by Plaintiff at trial
CLAIM I: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
19. Petitioner hereby incorporates by reference each and every allegation and averment made above as though fully set forth herein
20. Under relevant Minnesota law, four elements are necessary to sustain a claim for Intentional Infliction of Emotional Distress. These are: (1) the (Defendant’s) conduct must be extreme and outrageous; (2) the conduct must be intentional or reckless; (3) the conduct must cause emotional distress; and (4) the distress must be severe. See Hubbard v. United Press International, Inc., 330 N.W.2d 428, 439 (Minn. 1983)
21. In addition, the type of “extreme and outrageous” conduct referenced above and also deemed actionable must be “so atrocious that it passes the boundaries of decency and is utterly intolerable to the civilized community” See Bohdan v. Alltool Mfg., Co., 411 N.W.2d 902, 907-908 (Minn.App 1987) (citing Hubbard v. United Press International, Inc., 330 N.W.2d 438-439 (Minn. 1983)); see also Haagenson v. National Farmers Union Property and Casualty Co., 277 N.W.2d 648, 652 n. 3 (Minn. 1979). It is obvious that the actions engaged in or perpetrated / perpetuated by Dave Ryan in the Relevant Period, while using radio communications facilities owned by defendant iHeartRadio / iHeartMedia, Inc. evinced intentional and reckless conduct that were not only extreme and outrageous, but were undoubtedly meant to cause emotional distress to certain persons (including and especially Plaintiff) who listened to the very popular 101.3 KDWB radio station (and which did cause such emotional distress, especially to Plaintiff); and the consequent emotional distress was indeed severe. See Bohdan, 411 N.W.2d 902 at 907-8.
22. Dave Ryan employed a very public medium of mass communication (the radio) to body-shame and cause emotional distress to many of these same listeners, methodically employing a pattern of conduct that leads to no other conclusion. In so doing, he abused the trust of his listening Publics, most of whom could not have been aware that the repository of such trust was behaving in such a consciously-outrageous manner
23. This very influential Radio DJ, who hundreds of thousands (possibly millions) trusted to respect the boundaries and possible insecurities of his listeners (and even protect same) went ahead to callously violate such boundaries while employing a powerful means of electronic communications (radio) to achieve his dubious ends of body-shaming, obviously aimed at specific individuals such as the potential plaintiff, even though there was the ever-present and real likelihood that other “innocent” listeners that are / were not the original target (s) of Dave Ryan’s “ire” or enduring sense of mischief could be hurt or traumatized in the process.
24. For many years, Dave Ryan employed the facilities afforded him by defendants iHeartRadio / iHeartMedia, Inc. to abuse the access he had to very intimate areas of the lives of his listeners, which is practically anywhere such listeners can place a radio set: their bedrooms, kitchens, living rooms, bathrooms, workplaces, dens, etc.. Dave Ryan, using the power and reach of radio communications, consciously and recklessly invaded and polluted such places to perpetuate his long-running campaign of body-shaming (specifically “h/and shaming’), aimed at potential and actual listeners of his radio station, 101.3 KDWB.
25. Needless to add, such behavior is beyond outrageous, and can be likened to the actions of a reckless and dangerous individual who continuously screams “fire” in a crowded theater or other such enclosed space. Such a person, like Dave Ryan in this case, should have known or must have been aware people would get hurt, emotionally and physically, and terribly so. One such person is DEFINITELY the Plaintiff in this matter.
26. Plaintiff can and will prove at trial that based on personal knowledge and information available to him now and also to be produced at trial, he was and remains the PRINCIPAL TARGET of Dave Ryan’s tortious and reckless actions and that such are “directed at” him, mainly because of the novelty / size of his hands and wrists, a fact Plaintiff can prove Dave Ryan is very much aware. See Dornfeld v. Oberg, 503 N.W.2d 115, 117, 119 (Minn.1993).
27. Dave Ryan’s conduct definitely far exceeded the boundaries of decency and should / will be found utterly intolerable to any civilized community, especially in cases such as this where those in whom the public reposes a measure of trust are not expected to turn around and harm such persons, in any way, shape or form. See Hubbard v. United Press International, Inc., 330 N.W.2d 428, 438 (Minn. 1983.
28. Simply put, the conduct engaged in by Dave Ryan as set forth above, and other facts to be produced during trial, was clearly what the Minnesota Supreme Court had in mind when it recognized the tort of Intentional Infliction of Emotional Distress: “The operation of this tort is sharply limited to cases involving particularly egregious facts…” at 439.
CLAIM II: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
29. Plaintiff hereby incorporates by reference each and every allegation and averment made above as though fully set forth herein.
30. The actions of Dave Ryan, principally by using the Instrumentality of the Radio Station 101.3 (KDWB), constitute the tort of Negligent Infliction of Emotional Distress (NIED). To state a claim for NIED, a plaintiff must prove the four elements of a negligence claim, as well as three additional elements specific to NIED claims. See A.C. v. Benson, 527 N.W.2d 553, 559 (Minn.1995); see also Purcell v. St. Paul City Ry. Co., 48 Minn. 134, 137-38 (Minn. 1892). The four elements of a negligence claim are: (1) the existence of a duty of care; (2) a breach of that duty (3) an injury; and (4) the breach of the duty being the proximate cause of the injury. See Senogles v. Carlson (Minn. 2017).
31. In addition to the elements of Negligence, a plaintiff claiming NIED must prove that he / she: (1) was within the zone of danger of physical impact (created by the defendant’s negligence); (2) reasonably feared for her own safety; and (3) (Consequently) suffered severe emotional distress with attendant physical manifestations.” A.C., 527 N.W.2d at 557.
32. From the foregoing, even if in the very unlikely event Plaintiff is unable to conclusively prove with available evidence that Dave Ryan of 101.3 KDWB Radio intentionally engaged in the actions he is alleged to have engaged—even indulged—in above, he should have known that such actions, especially for the duration they have lasted (between 2001 and 2019) would cause, are causing and are likely to cause considerable pain and injury to listeners of his radio station and those other stations in defendant iHeartRadio / iHeartMedia’s stable that he used / has used for such purposes. One such consequence of Dave Ryan’s action (s) would include encouraging widespread disparagement of people with small / skinny hands and wrists (such as Plaintiff) by others, which could then lead to subsequent acts of bodily injury or other losses.
33. Plaintiff was definitely in the “zone of danger” envisaged in an NIED claim, as mentioned above, since he (Plaintiff) not only listened to Dave Ryan’s 101.3 KDWB Radio broadcasts during the Relevant Period but was also aware there were / are many other listeners of the station, and who are / were exposed to the dangerous, manipulative, body-shaming and harmful drivel Dave Ryan intentionally put out through the radio station’s broadcasts and that such others Plaintiff subsequently interracted with in all circumstances and settings could and were indeed reacting to Dave Ryan’s body-shaming and longstanding characterizations of small / skinny hands and wrists on the station’s broadcasts
34. Through all the ill-disguised body-shaming, innuendos and homophones promoted by Dave Ryan through his 101.3 KDWB radio broadcasts, Plaintiff has feared / and still fear for his life and safety, as Plaintiff sees how Dave Ryan had / has continued to manipulate a great number of persons (many of whom Plaintiff has to interact with regularly or almost daily) to believe someone with small / skinny hands or wrists is somewhat inferior to others, and should be treated as an object of derision and ridicule.
35. Plaintiff has suffered through such targeted derision and ridicule for more than a decade due to Dave Ryan’s relentlessly reckless acts. Also, during the Relevant period, Plaintiff has suffered through a very painful and financially-devastating divorce from his wife, due partly to the fact that Plaintiff’s wife no longer held Plaintiff with such respect as she did when Plaintiff married her in 1996—years before she and Plaintiff immigrated to this country, and before Dave Ryan constantly subjected Plaintiff’s wife, Plaintiff and those millions of others he (Dave Ryan) manipulated (and who had no clue as to his real target, Plaintiff) to his actions against persons with small / skinny hands and wrists, particularly Plaintiff.
36. The above-referenced situation has progressively worsened Plaintiff’s physical condition of being a diabetic (Plaintiff was diagnosed with the condition in 1999), with the latter manifesting as diagnoses of a myriad of physical conditions and ailments such as kidney stones (diagnosed around 2011), herniation of the disk (diagnosed in 2013) and other conditions, including depression and paranoia, all of which will be raised and proven at trial. See Quill v. Trans World Airlines, Inc., 361 N.W.2d 438 (Minn.App., 1985); see also Okrina v. Midwestern Corp., 165 N.W.2d 259, 264 (Minn. 1969).
CLAIM III: NEGLIGENT SUPERVISION BY DEFENDANT iHEARTRADIO / iHEARTMEDIA, INC.
37. Petitioner hereby incorporates by reference each and every allegation and averment made above as though fully set forth herein
38. Dave Ryan’s Employers (iHeartRadio iHeartMedia, Inc.) negligently failed to supervise the Activities of their reckless / errant employee, defendant, Dave Ryan
39. Under relevant Minnesota case law, a claim of Negligent Retention is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. See Bruchas v. Preventive Care, Inc., 553 N.W.2d 440, 442 (Minn.App., 19960; quoting Ponticas v. KMS Investments, 331 N.W.2d 907, 911 (Minn. 1983).
40. Also, under the principle of negligent supervision, or respondeat superior, “an employer is vicariously liable for the torts of an employee committed within the course and scope of employment.” See Schneider v. Buckman, 433 N.W.2d 98, 101 (Minn. 1988). Indeed, the liability need not stem from nor be traced to any fault of the employer; its basis is often a public policy construct that liability for acts committed within the scope of a person’s employment should be allocated to the employer as a cost of engaging in that business…” Lange v. National Biscuit Company, 211 N.W.2d 783, 785 (Minn. 1973).
41. Thus, in such cases, a plaintiff must prove: (1) the employee’s conduct was foreseeable; and that (2) the employer failed to exercise ordinary care when supervising the employee. See Oslin v. State, 543 N.W.2d 408, 415 (Minn.App.1996). In negligence cases, “foreseeability” means a level of probability that would lead a prudent person to take effective precautions. Fahrendorff v. N. Homes, Inc., 597 N.W.2d 905, 912 (Minn.1999). If the abusive behavior was objectively foreseeable, the subsequent inquiry must focus on whether the employer took prior, reasonable precautions, to prevent the employee’s abusive behavior. See Ponticas v. K.M.S. Investments, 331 N.W.2d at 911.
42. Dave Ryan’s employers during the Relevant Period, iHeartRadio/iHeartMedia, Inc., had ample evidence during that Period that Dave Ryan had a penchant for harassing behavior conducted during and within the scope of his employment. Two rather well-known (among 101.3 KDWB listeners and others in Minnesota) examples of these that stand out are his harassing-acts-by-radio directed at a former Anchor with the KARE 11 television station in Minnesota (of which evidence will be obtained and led at trial); also instructive in this regard is Dave Ryan’s harassing conduct involving the infamous (in Minnesota radio communications circles) “Bob Goen” episode, in which Dave Ryan / his radio station 101.3 KDWB had to continuously run contrite/apologetic public service announcements on that same radio station (101.3 KDWB). Of course, evidence of this particular episode will also be obtained and led at trial in this matter.
43. In addition, Dave Ryan’s employers, iHeartRadio iHeartMedia, Inc., cannot be unaware that through their employee’s diligently-manipulative efforts—while principally using the 101.3 KDWB radio station in Minnesota—the term “101” now stands for “skinny hands / wrists”, especially in the state of Minnesota and definitely beyond that state also! As a direct and proximate result of Defendants’ wrongful acts, Plaintiff has suffered actual damages in the form of long-term damage to his health and general well-being, as well as loss of career opportunity and advancement, costs of seeking alternate income, and in other respects, all in amounts yet to be determined.
What’s that I hear again? That the MEDIA in America has not been transformed into a propagandist agent of evil /the Devil in THESE UNITED STATES?
Maybe Dave Ryan and his ilk will still find the First Amendment HANDY as a defense in this case / matter also!
We shall SEE.