Ramsi A. Woodcock v. University of Kentucky

RECOMMENDED FOR PUBLICATION
Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 26a0242p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
RAMSI A. WOODCOCK,
Plaintiff-Appellant,
v.
UNIVERSITY OF KENTUCKY; ELI CAPILOUTO, in his
official and individual capacities, ROBERT DIPAOLA,
in his official and individual capacities; WILLIAM E.
THRO, in his official and individual capacities; JAMES
C. DUFF, in his individual capacity; LINDA MCMAHON,
in her official capacity as United States Secretary of
Education; RUSSELL MATTHEW COLEMAN, Attorney
General; GREGORY F. VAN TATENHOVE, in his official
capacity,
Defendants-Appellees.
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No. 26-5057
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:25-cv-00424—Danny C. Reeves, District Judge.
Argued: July 28, 2026
Decided and Filed: August 24, 2026
Before: GILMAN, GRIFFIN, and READLER, Circuit Judges.
_________________
COUNSEL
ARGUED: Rima N. Kapitan, KAPITAN GOMAA LAW, P.C., Chicago, Illinois, for Appellant.
Bryan H. Beauman, STURGILL, TURNER, BARKER & MOLONEY, PLLC, Lexington,
Kentucky, for University of Kentucky Appellees. Matthew F. Kuhn, OFFICE OF THE
KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee Russell Coleman.
ON BRIEF: Rima N. Kapitan, KAPITAN GOMAA LAW, P.C., Chicago, Illinois, Joe F.
Childers, JOE F. CHILDERS & ASSOCIATES, Lexington, Kentucky, for Appellant. Bryan H.
Beauman, Carmine G. Iaccarino, STURGILL, TURNER, BARKER & MOLONEY, PLLC,
Lexington, Kentucky, William E. Thro, UNIVERSITY OF KENTUCKY, Lexington, Kentucky,
>

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for University of Kentucky Appellees. Matthew F. Kuhn, John H. Heyburn, OFFICE OF THE
KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Appellee Russell Coleman.
Charles Thomason, Louisville, Kentucky, Alexander Kazam, KING & SPALDING LLP,
Washington, D.C., Bina Ahmad, Hanna Chandoo, HADSELL STORMER RENICK & DAI
LLP, Pasadena, California, for Amici Curiae.
_________________
OPINION
_________________
GRIFFIN, Circuit Judge.
Plaintiff Ramsi Woodcock is a tenured law professor at the University of Kentucky
David J. Rosenberg College of Law. After Woodcock called for the military invasion of Israel,
the University placed him on administrative leave while it investigated whether his actions
violated any law or university policy. During the investigation’s early stages, Woodcock sued
the University, but the district court abstained under Younger v. Harris, 401 U.S. 37 (1971). On
appeal, Woodcock argues that the district court erred because the University’s investigation is
not an ongoing state proceeding for purposes of abstention. We agree, reverse the district court,
and remand for consideration of Woodcock’s motion for a preliminary injunction.
I.
On July 6, 2025, Woodcock posted a petition online calling for military action against
Israel. Twelve days later, the University notified Woodcock that it was launching an
investigation because his petition may have created “a hostile environment for Jewish members
of the university community.” That same day, the University also sent a letter to Woodcock
explaining that he would be temporarily reassigned to only “professional development.” The
letter further explained that Woodcock was barred from the Law School and would no longer
instruct students during the investigation.
On July 22, 2025, the University sent Woodcock a “Notice of Investigation.” The Notice
of Investigation detailed four discrete allegations where Woodcock engaged in speech critical of
Israel. A month later, Woodcock had a video meeting with the University about the
investigation’s next steps.

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No. 26-5057 Woodcock v. University of Ky., et al. Page 3
On August 25, 2025, the University emailed Woodcock, requesting a list of witnesses and
relevant evidence for the investigation. The letter also explained that the University could not
provide an exact timeline but would “seek to complete the fact-gathering stage of [the]
investigation within 60 to 90 calendar days.” And it described the stages of the investigation,
none of which had been completed.
In early September, the University sent Woodcock an amended Notice of Investigation,
which included allegations made against Woodcock by four students. The amended Notice of
Investigation also alleged that Woodcock created a hostile environment based on race, color, or
national origin by allegedly “calling for . . . the ultimate destruction of Israel,” using “antisemitic
tropes,” “making anti-Semitic and anti-Israeli remarks during an optional lecture,” and
“shouting, ‘Free Palestine,’ while driving a car with University of Kentucky law students.”
On November 13, 2025, Woodcock sued the University, several of its administrators, and
other government officials. On December 1, the University sent Woodcock a long questionnaire
about incidents referenced in the amended Notice of Investigation. Woodcock did not respond to
the questionnaire. As a result, the University’s investigation remains in its preliminary fact-
finding stage, and the University has not yet determined whether a formal hearing is needed.1
Meanwhile, Woodcock sought a preliminary injunction. Soon after, the University
responded with a motion to abstain. The district court granted the University’s motion,
concluding that Younger v. Harris, 401 U.S. 37 (1971), required abstention. Woodcock
appealed.
II.
We review a district court’s decision to abstain de novo. Doe v. Univ. of Kentucky, 860
F.3d 365, 368 (6th Cir. 2017).
1A formal hearing is required if the preliminary investigation indicates that serious consequences, such as
terminating the faculty member’s appointment before it expires or depriving him of a “constitutionally protected
property interest,” may result. After a formal hearing, the faculty member may then appeal any unfavorable
findings. And after the appeal is decided, the University President may bring termination proceedings before the
Board of Trustees.

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To determine whether Younger abstention applies, we employ a two-step inquiry. First,
we ask whether the state proceeding falls into one of three “exceptional” categories. Sprint
Commc’ns, Inc. v. Jacobs, 571 U.S. 69, 73 (2013). These three categories include (1) “state
criminal prosecutions,” (2) “civil enforcement proceedings,” and (3) “civil proceedings involving
certain orders that are uniquely in furtherance of the state courts’ ability to perform their judicial
functions.” Id. (quoting New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491
U.S. 350, 368 (1989)). The civil enforcement proceedings referenced in the second category are
those “akin to a criminal prosecution.” Doe, 860 F.3d at 369.
Today, we assume without deciding that a state university’s formal enforcement
procedure for reviewing a professor’s alleged violations of university policy constitutes a civil
enforcement proceeding akin to a criminal prosecution. On this assumption, we then consider
three additional factors: whether (1) the underlying state proceedings are “ongoing”; (2) the
proceedings implicate important state interests; and (3) there is an adequate opportunity to raise
constitutional challenges in the underlying proceeding. Sprint Commc’ns, Inc., 571 U.S. at 81;
Middlesex Cnty. Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423, 432 (1982).
Here, whether the underlying state proceedings are ongoing is the dispositive factor. The
proceedings are not ongoing. On the contrary, the disciplinary proceedings against Woodcock
remain in a preliminary, investigatory stage. There is no ongoing formal proceeding against
Woodcock, nor has the University filed a formal complaint against him. See Telco Commc’ns,
Inc. v. Carbaugh, 885 F.2d 1225, 1229 (4th Cir. 1989) (explaining that abstention is
inappropriate when a federal plaintiff faces only a “threat of enforcement”). Indeed, the
University has not even made a threshold determination that Woodcock violated one of its
policies. See Guillemard-Ginorio v. Contreras-Gomez, 585 F.3d 508, 512–13, 519 (1st Cir.
2009) (holding that abstention was inappropriate because “the agency’s investigation of the
plaintiffs was at too preliminary a stage” as it had not “issued any charges, reports or orders”).
And the University’s Notices of Investigation are likewise insufficient triggers for Younger
abstention. See Canatella v. California, 304 F.3d 843, 851 (9th Cir. 2002) (declining to abstain
after the state merely initiated a preliminary investigation into attorney misconduct). To date, the
University’s investigatory steps—including temporarily reassigning Woodcock’s duties—fall

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No. 26-5057 Woodcock v. University of Ky., et al. Page 5
short of a formalized, ongoing proceeding. See Winter v. Wolnitzek, 834 F.3d 681, 688 (6th Cir.
2016) (“[A] finding of probable cause does not necessarily mean a formal proceeding exists.”).
Simply put, abstention here was inappropriate because no formalized proceeding is underway.
The University’s primary response is that we held abstention was appropriate in Doe v.
University of Kentucky, which involved the University’s internal disciplinary process for
students. 860 F.3d at 370. But Doe is distinguishable. The plaintiff there had already gone
through multiple formal Title IX hearings and had more scheduled before filing suit. Id. at 368.
We merely held that those formal hearings were enough to satisfy Younger’s ongoing proceeding
requirement. Id. at 370. Here, the University is still determining whether a formal hearing will
be necessary. We decline to extend Doe to a new context.
III.
For these reasons, we reverse the district court and remand for consideration of
Woodcock’s motion for a preliminary injunction and further proceedings consistent with this
opinion.

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