Former ADVA Commissioner W. Kent Davis Files Suit Against Governor Kay Ivey
Alleges unlawful removal, retaliation, defamation and more
Rear Admiral W. Kent Davis (Ret.), former Commissioner of the Alabama Department of Veterans Affairs (ADVA), has filed a lawsuit against Alabama Governor Kay Ivey, both in her official and individual capacities. In the filing, Davis alleges that his removal was unlawful, retaliatory, and violated his constitutional and statutory rights. The complaint includes claims of First and Fourteenth Amendment violations, wrongful termination, defamation, and more.
The lawsuit was filed Wednesday, June 11 in U.S. District Court, Northern Division, Middle District of Alabama.
Davis was appointed Commissioner by the State Board of Veterans Affairs (SBVA) in 2019, and reappointed in 2022 for a second term. Under Alabama law at that time, the Commissioner was not a gubernatorial appointee, and could only be removed by the SBVA “for cause.”
A dispute arose between Davis and Ivey over an ethics complaint Davis filed in response to concerns brought to him by several members of the Board. Under Alabama law, Davis was required to file the complaint once the concerns were brought to him. The concerns stemmed from conduct by the Alabama Department of Mental Health (ADMH) related to a $7 million dollar grant to support Veterans mental health.
ADVA received $7 million in federal American Rescue Plan Act (ARPA) funds for Veterans mental health services, and a grant program was launched in conjunction with ADMH. A dispute with ADMH arose over the expansion of grant recipients, and ADMH terminated the agreement, returned the $7 million, and filed complaints with the Department of Finance. Davis then arranged new administrators of the program through Troy University, and worked with the Legislature to arrange alternative funding to salvage the program, with the original $7 million being returned to the Department of Finance.
SBVA members raised concerns about the conduct of ADMH, and Davis filed an ethics complaint, as he was required to do. The ethics complaint was later dismissed, and Davis was thanked for fulfilling his duty to report suspected ethics violations.
At this point, Governor Ivey allegedly began to retaliate against Davis by demanding he resign. When Davis refused, Ivey called a special meeting of the Board, seeking to have Davis removed. At this October 22, 2024 meeting, the Board voted against Ivey’s move to oust Davis.
Later that same day, Ivey issued a letter invoking “the supreme executive power of the state” to unilaterally remove Davis as Commissioner. In that letter, which was hand-delivered to Davis’ attorney, she cited several reason for removing him, including:
- “Total failure of leadership” and “lack of cooperation”
- Mishandling of ARPA grants
- Filing a “frivolous ethics complaint”
John Saxon, Davis’ attorney, criticized the move, saying “When the Governor gets mad, she gets even, and that’s what happened today.”
In February, 2025, the Alabama Legislature passed SB67, which restructured the SBVA, removed the Board’s ability to hire and fire the Commissioner, and transformed the SBVA into an “oversight” board. It also transformed the Commissioner’s position into a Cabinet position, with the Commissioner being appointed by, and serving at the pleasure of, the Governor.
SB67 was highly controversial, with many Veterans actively opposing its passage. Despite this opposition, the bill was passed, accompanied by reports of intense lobbying by the Governor’s office in its favor.
With the filing of Davis’ suit, his clash with Governor Ivey will now be adjudicated in a court of law. Davis is alleging Ivey overstepped her bounds by terminating him when she had no legal right to do so. He also alleges that she retaliated against him for the ethics complaint that he filed.
The suit makes eight claims:
- First Amendment Retaliation:
- Davis claims Ivey retaliated against him for protected speech, including public criticism and filing an ethics complaint.
- Violation of Due Process (14th Amendment):
- Ivey allegedly deprived Davis of his job without lawful process, violating both procedural and substantive due process.
- Declaratory Judgment & Injunction:
- Davis asks the court to declare Ivey’s actions illegal, nullify the termination, and reinstate him.
- Violation of Alabama Ethics Law (§ 36-25-24):
- Davis claims he was unlawfully terminated for complying with mandatory ethics reporting.
- Wrongful Termination:
- Asserts that Ivey lacked legal authority to fire him under Alabama law.
- Invasion of Privacy (False Light):
- Ivey’s public statements allegedly placed Davis in a false and damaging light.
- Defamation:
- Davis alleges Ivey made knowingly false and damaging public statements about him.
- Intentional Interference with Business Relations:
- Claims Ivey unlawfully disrupted his employment relationship with the SBVA.
Davis is seeking reinstatement or front pay, back pay and benefits, compensation and punitive damages, and legal fees, costs and interest, among other measures. He is requesting a jury trial, where the issues raised by the case—the limits of gubernatorial power, legal protections for Agency heads, and their ethical obligations—will be determined.
The first page of the 75 page filed complaint is below:
