Unsuccessful Lawsuit Turns Into A Successful Election
by: Sloane Skinner
Kentucky Republican Ralph Alvarado defeated Democrat (and Senate Minority Leader) R.J. Palmer II for Kentucky’s 28th District Senate Seat, turning the table after Palmer’s victory over Alvarado in 2010.
Alvarado sued Palmer’s campaign for defamation after it released an ad portraying Alvarado, a Winchester physician, as a drug dealer and alleging that he had improperly billed for Medicaid and Medicare. The thirty-second video contained spliced courtroom footage that depicted Alvarado prescribing a criminal defendant illegal drugs. According to Alvarado, he had legally prescribed the defendant painkillers for a pain associated with a prior injury.
Alvarado further claimed he is employed by KentuckyOne Medical Group and is paid a salary, and therefore he does not bill for Medicaid or Medicare.
Alvarado brought suit last week seeking an order requiring Palmer to stop running the ad. That lawsuit was unsuccessful, with the judge’s ruling resting on the First Amendment.
Although Alvarado lost the legal battle, the lawsuit still may have assisted his cause. Politically, the lawsuit helped to bring the issue to the forefront of the campaign. In the end, then, Alvarado’s efforts were likely not in vain because he won the election. His fight to defend his reputation could have potentially helped him secure victory. The spliced courtroom footage caused Alvarado to appear as a victim, and it could have caused voters to come to his side.
Sometimes, election litigation is not solely about winning that one court case. Often there are political motives as well. Alvarado’s case demonstrates the political implications of a legal challenge to a campaign ad.