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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ----------------------------------------------------------------------- x : JONATHAN VILMA, : : Civil Action No. 12-cv-1283 Plaintiff, : : v. : COMPLAINT : ROGER GOODELL, : : JURY TRIAL DEMANDED Defendant. : : ----------------------------------------------------------------------- x Plaintiff Jonathan Vilma, by his attorneys, Peter R. Ginsberg Law, LLC and Williams Law Group, LLC, for his Complaint against Defendant Roger Goodell, alleges as follows: NATURE OF THE ACTION 1. By this action, Vilma seeks to recover damages for defamatory statements made Vilma is a

by Roger Goodell, Commissioner of the National Football League (NFL).

professional football player for the New Orleans Saints (Saints), a Member Club of the NFL. Goodell, speaking publicly about certain Saints executives, coaches and players, in relation to purported efforts designed to injure opposing players, made public statements concerning Vilma which were false, defamatory and injurious to Vilmas professional and personal reputation. JURISDICTION AND VENUE 2. This Court has subject matter jurisdiction over Vilmas claims pursuant to 28

U.S.C. 1332(a)(1) because the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between citizens of different States. 3. This Court has personal jurisdiction over Goodell pursuant to Rule 4(c) of the

Federal Rules of Civil Procedure and La. Rev. Stat. 13:3201. Goodell transacts continuous and systematic business in Louisiana and in this judicial district and his defamatory statements were 1

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continuously transmitted in this judicial district. 4. Venue is proper pursuant to 28 U.S.C. 1391(b)(2) and (b)(3). THE PARTIES 5. Vilma is a linebacker for the Saints, an eight-year veteran of the NFL, and a

citizen of the State of Florida. Vilma has been a member of the Saints since 2008 and a Captain of the defense since 2008. 6. Goodell is the Commissioner of the NFL and, upon information and belief, a

citizen of the State of New York. BACKGROUND The Bounty Rule Investigation 7. On March 2, 2012, Goodell and the NFL, at Goodells direction, issued a press

release alleging that Saints executives, coaches and defensive players had violated the NFLs Bounty Rule during the 2009, 2010 and 2011 seasons (March 2 Press Release). 8. The Bounty Rule prohibits Member Clubs from offering or paying bonuses to a

player for his or his teams performance against a particular team, a particular opposing player or players, or a particular group of an opposing team, or for on-field misconduct, such as personal fouls to or injuries inflicted on opposing players. 9. Goodell, in his March 2 Press Release, alleged that Saints coaches and defensive

players maintained a bounty program (Bounty Program) whereby players contributed cash into a pool and received cash payments for, inter alia, cart-offs (meaning that the opposing players was carried off the field) and knockouts (meaning that the opposing player was not able to return to the game).

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10. seasons. 11.

Vilma was a defensive player on the Saints during the 2009, 2010 and 2011

Goodells March 2 Press Release and its contents were reported, and continue to

be reported, as Goodell knew would be the case, by essentially every major news organization in the United States. 12. Also on March 2, 2012, Goodell disseminated a report to all 32 Member Clubs

detailing what he described as a Bounty Program. Goodell claimed in that report that Saints defensive players pledged significant amounts of money towards the Bounty Program and targeted particular players for injury. (March 2 Club Report.) 13. Goodell, in the March 2 Club Report, was referring specifically, as the recipients

of the March 2 Club Report were well aware, to Vilma, a Captain of the Saints defense, when describing players who had purportedly pledged significant amounts and targeted particular players. 14. Goodell, in the March 2 Club Report, also alleged that prior to a Saints playoff

game in January, 2010, defensive captain Jonathan Vilma offered $10,000 in cash to any player who knocked [opposing quarterback Brett] Favre out of the game. (Favre Allegation.) 15. Goodell knew and intended that the contents of the March 2 Club Report would

be disseminated publicly. 16. The contents of the March 2 Club Report, including the Favre Allegation, were

reported, and continue to be reported, by essentially every major news organization, as Goodell intended. 17. Upon information and belief, Goodell told others that Vilma placed $10,000 in

cash on a table during a team meeting in making the alleged offer concerning Favre.

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18.

Goodell did not reveal, and, despite repeated requests from among others, Vilma,

has never revealed, any evidence purportedly corroborating that a Bounty Program existed, that Vilma participated in any such Bounty Program, and Goodells statements. 19. Goodell did not reveal, and, despite repeated requests from, among others, Vilma,

has never revealed, any supposed sources purportedly corroborating that a Bounty Program existed, that Vilma participated in any such Bounty Program, and Goodells statements. Goodell Imposes Discipline on the Saints 20. On March 21, 2012, Goodell and the NFL, at Goodells direction, issued a press

release detailing punishment to be imposed on the Saints and Saints personnel. (March 21 Press Release.) Goodell: a. fined the Saints $500,000, and required the Saints to forfeit second round draft picks in the 2012 and 2013 NFL Drafts; b. suspended Saints Head Coach Sean Payton without pay for the 2012 NFL season; c. suspended Saints General Manager Mickey Loomis without pay for the first eight regular season games of the 2012 season; d. suspended former Saints defensive coordinator Gregg Williams

indefinitely from the NFL; and e. suspended Saints Assistant Head Coach Joe Vitt without pay for the first six regular season games of the 2012 season. 21. Goodell, in his March 21 Press Release, again reported by essentially every major

news organization in the United States, as Goodell intended, stated on possible discipline of Saints players:

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I am profoundly troubled by the fact that players including leaders among the defensive players embraced this program so enthusiastically and participated with what appears to have been a deliberate lack of concern for the well-being of their fellow players. While all club personnel are expected to play to win, they must not let the quest for victory so cloud their judgment that they willingly and willfully target their opponents and engage in unsafe and prohibited conduct intended to injure players. 22. Goodell was referring to Vilma, a Captain of the Saints defense, when identifying

leaders among the defensive players. 23. Goodell, in his March 21 Release, was referring to Vilma, a Captain of the Saints

defense, among others, when describing players who had purportedly pledged funds toward bounties on specific opposing players. 24. Goodell, in his March 21 Press Release, also repeated the allegation that several

players pledged funds toward bounties on specific opposing players and that defensive captain Jonathan Vilma offer[ed] $10,000 to any player who knocked Brett Favre out of the NFC Championship Game in 2010. 25. Also on March 21, 2012, Goodell sent a Memorandum of Decision to all 32

Member Clubs attempting to justify the punishment he imposed on Saints personnel (March 21 Club Memorandum). 26. In the March 21 Club Memorandum, Goodell repeated that: a. several players pledged funds toward bounties on specific opposing players; b. defensive captain Jonathan Vilma offered $10,000 to any player who knocked Brett Favre out of the NFC Championship Game in 2010; and c. players willingly and willfully engage[d] in conduct on the field intended to injure fellow players. 5

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27.

Goodell, in the March 21 Club Memorandum, was referring to Vilma, a Captain

of the Saints defense, among others, when describing players who had purportedly pledged funds toward bounties on specific opposing players. 28. Goodell, in the March 21 Club Memorandum, was referring to Vilma, a Captain

of the Saints defense, among others, when describing players who had willingly and willfully engage[d] in conduct on the field intended to injure fellow players. 29. Goodell knew and intended that the contents of the March 21 Club Memorandum

would be disseminated publicly. Goodell Imposes Discipline on Saints Players 30. On April 24, 2012, during an interview with Rich Eisen of the NFL Network,

Goodell stated that the evidence was clear that the players embraced a Bounty Program. 31. Goodell, in the April 24, 2012 interview, was referring to Vilma, among others,

when describing players who had purportedly embraced a Bounty Program. 32. On May 2, 2012, Goodell and the NFL, at Goodells direction, issued a press

release detailing punishment to be imposed on Saints players (May 2 Press Release). Goodell: a. suspended linebacker Scott Fujita without pay for the first three games of the 2012 regular season; b. suspended defensive end Will Smith without pay for the first four games of the 2012 regular season; c. suspended defensive lineman Anthony Hargrove without pay for the first eight games of the 2012 regular season; and d. suspended Vilma without pay for the entire 2012 regular season. 33. Goodell, in his May 2 Press Release, repeated and expanded on his statements

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concerning Vilma. Goodell claimed that: a. Vilma assisted Coach Williams in establishing and founding the [Bounty] program, and offered a specific bounty - $10,000 in cash to any player who knocked Arizona quarterback Kurt Warner out of the 2009 Divisional Playoff Game and later pledged the same amount to anyone who knocked Minnesota quarterback Brett Favre out of the 2009 NFC Championship Game; b. Saints players of their own accord pledged significant amounts of their own money toward bounties accepted payments for cart-offs and knockouts of injured opposing players, and that the payout amounts doubled and tripled for playoff games; c. Vilma contributed a particularly large sum of money toward the [Bounty] program; specifically contributed to a bounty on an opposing player; demonstrated a clear intent to participate in a program that potentially injured opposing players; [and] sought rewards for doing so; and d. Vilma willingly and enthusiastically embraced the bounty program [and] put the vast majority of the money into this program. The Truth 34. Vilma, as a Captain of the Saints defense, was instrumental in leading the Saints

to their first-ever Super Bowl championship in the 2009 season and is highly regarded as a player and individual throughout the United States and in the State of Louisiana as well as in the professional football community. 35. Vilma never established, or assisted in establishing, a Bounty Program or any

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similar program in violation of NFL rules. 36. Vilma never pledged, made or received payments of any kind encouraging or

resulting from an opposing player being carried off the field, i.e., cart-offs. 37. Vilma never pledged, made or received payments of any kind encouraging or

resulting from an opposing player being unable to return to the game, i.e., knockouts. 38. Vilma never pledged, made or received payments of any kind encouraging or

resulting from an opposing player being injured. 39. rules. 40. players. 41. players. 42. NFL rules. 43. Vilma never paid, or intended to pay, $10,000, or any amount of money, as an Vilma never embraced a Bounty Program or any similar program in violation of Vilma never participate[d] in a program that potentially injured opposing Vilma never engaged in unsafe and prohibited conduct intended to injure Vilma never targeted an opposing player in any manner that would violate NFL

incentive to any player to knock Warner, Favre, or any other player, out of the 2009 Divisional Playoff Game, 2010 NFC Championship Game, or any other game. 44. Vilma never placed $10,000, or any amount of money, on any table or anywhere

else as part of a Bounty Program or any other program in violation of NFL rules. CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF (Slander Per Se Injury to Professional Reputation) 45. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 44 as if 8

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fully set forth at length herein. 46. Goodells statements and publications described herein (Statements) concerned

Vilma and were false. 47. 48. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 49. Goodells Statements were slanderous per se because they injure Vilmas

professional reputation. 50. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. Media will forever mention his name in the context of the Bounty investigation and fans will forever remember Vilma with ill repute rather than remember his substantial accomplishments on and off the field. In addition, NFL Clubs will be less likely to sign Vilma as a result of his tainted reputation and sponsors will be less likely to pay Vilma to promote their products and services. SECOND CLAIM FOR RELIEF (Slander Per Se Injury to Personal Reputation) 51. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 50 as if

fully set forth at length herein. 52. 53. 54. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 55. Goodells Statements were slanderous per se because they injure Vilmas personal 9

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reputation. 56. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. Vilma has devoted four years of his personal and professional life to the City and community of New Orleans. Goodells Statements permanently damage Vilmas personal reputation in Louisiana and around the world. Vilma will soon have to leave behind the world of professional football and will likely face difficulties in obtaining other employment and entering into new ventures as a result of Goodells false and defamatory Statements. THIRD CLAIM FOR RELIEF (Slander Per Se Accusations of Criminal Conduct) 57. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 56 as if

fully set forth at length herein. 58. 59. 60. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 61. Goodells Statements were slanderous per se because they allege Vilma was

engaged in criminal conduct. 62. Goodell accused Vilma of engaging in a pattern of behavior designed to

intentionally injure other persons for financial profit. Goodells false statements forever falsely taint and permanently damage Vilma in the eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents.

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FOURTH CLAIM FOR RELIEF (Slander By Implication) 63. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 62 as if

fully set forth at length herein. 64. Goodells Statements concerned Vilma and indicate the existence of other facts

which are defamatory. 65. 66. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 67. Goodell had no reasonable grounds for believing the truth of his Statements.

Goodell relied on, at best, hearsay, circumstantial evidence and lies in making the Statements. 68. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. FIFTH CLAIM FOR RELIEF (Slander Reckless Disregard/Malice) 69. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 68 as if

fully set forth at length herein. 70. 71. 72. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 73. Goodell had no reasonable grounds for believing the truth of his Statements.

Goodell relied on, at best, hearsay, circumstantial evidence and lies in making the Statements.

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74.

Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. SIXTH CLAIM FOR RELIEF (Libel Per Se Injury to Professional Reputation) 75. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 74 as if

fully set forth at length herein. 76. 77. 78. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 79. Goodells Statements were libelous per se because they injure Vilmas

professional reputation. 80. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. Media will forever mention his name in the context of the Bounty investigation and fans will forever remember Vilma with ill repute rather than remember his substantial accomplishments on and off the field. In addition, NFL Clubs will be less likely to sign Vilma as a result of his tainted reputation and sponsors will be less likely to pay Vilma to promote their products and services. SEVENTH CLAIM FOR RELIEF (Libel Per Se Injury to Personal Reputation) 81. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 80 as if

fully set forth at length herein.

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82. 83. 84.

Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 85. reputations. 86. Goodells Statements forever falsely taint and permanently damage Vilma, in the Goodells Statements were libelous per se because they injure Vilmas personal

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. Vilma has devoted four years of his personal and professional life to the City and community of New Orleans. Goodells Statements permanently damage Vilmas personal reputation in Louisiana and around the world. Vilma will soon have to leave behind the world of professional football and will likely face difficulties in obtaining other employment and entering into new ventures as a result of Goodells false and defamatory Statements. EIGHTH CLAIM FOR RELIEF (Libel Per Se Accusations of Criminal Conduct) 87. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 86 as if

fully set forth at length herein. 88. 89. 90. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 91. Goodells Statements were libelous per se because they allege Vilma was engaged

in criminal conduct. 13

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92.

Goodell accused Vilma of engaging in a pattern of behavior designed to

intentionally injure other persons for financial profit. Goodells false statements forever falsely taint and permanently damage Vilma in the eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. NINTH CLAIM FOR RELIEF (Libel By Implication) 93. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 92 as if

fully set forth at length herein. 94. Goodells Statements concerned Vilma and indicate the existence of other facts

which are defamatory. 95. 96. Goodells Statements were widely published and not privileged in any manner. Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 97. Goodell had no reasonable grounds for believing the truth of his Statements.

Goodell relied on, at best, hearsay, circumstantial evidence and lies in making the Statements. 98. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. TENTH CLAIM FOR RELIEF (Libel Reckless Disregard/Malice) 99. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 98 as if

fully set forth at length herein. 100. 101. Goodells Statements concerned Vilma and were false. Goodells Statements were widely published and not privileged in any manner.

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102.

Goodells Statements were made with reckless disregard of their truth or falsity

and/or with malice. 103. Goodell had no reasonable grounds for believing the truth of his Statements.

Goodell relied on, at best, hearsay, circumstantial evidence and lies in making the Statements. 104. Goodells Statements forever falsely taint and permanently damage Vilma, in the

eyes of NFL Clubs, media, fans and sponsors, as a player who brazenly disregards NFL rules and intentionally attempts to injure his opponents. ELEVENTH CLAIM FOR RELIEF (Intentional Infliction of Emotional Distress) 105. Vilma repeats and re-alleges the allegations set forth in paragraphs 1 to 104 as if

fully set forth at length herein. 106. 107. distress. 108. Goodell knew and intended that Vilma would suffer severe emotional distress as a Goodells Statements and conduct were extreme and outrageous. Goodells Statements and conduct have caused Vilma to suffer severe emotional

result of his Statements and conduct. PRAYER FOR RELIEF WHEREFORE, Vilma seeks judgment as follows: 109. Awarding Vilma all compensatory damages he has suffered, including

consequential and incidental damages, as a result of Goodells wrongful conduct in an amount to be determined at trial; 110. Awarding Vilma punitive damages in a just amount for Goodells willful and

wanton conduct; 111. Awarding Vilma pre-judgment and post-judgment interest; 15

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112.

Awarding Vilma his costs, expenses and attorneys fees incurred in connection

with this action; and 113. Awarding Vilma such other relief as the Court finds just and proper. Respectfully submitted, PETER R. GINSBERG LAW, LLC

Dated: New York, New York May 17, 2012

By: s/ Peter R. Ginsberg_________ Peter R. Ginsberg, pro hac vice pending 12 East 49th Street, 30th Floor New York, NY 10017 (646) 374-0030 [email protected] Attorneys for Plaintiff Dated: New Orleans, Louisiana May 17, 2012 WILLIAMS LAW GROUP, LLC

By: s/ Conrad S. P. Williams, III_______ Conrad S.P. Williams 909 Poydras Street, Suite 1625 New Orleans, LA 70112 (985) 876-7595 [email protected] Attorneys for Plaintiff

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