Case: Davison v. Oklahoma Secondary

4:98-cv-00058 | U.S. District Court for the Northern District of Oklahoma

Filed Date: Jan. 20, 1998

Closed Date: 1999

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Case Summary

On January 20, 1998, two high school basketball players filed a complaint against Oklahoma Secondary School Activities Association in the U.S. District Court for the Northern District of Oklahoma under 28 U.S.C. § 1331. The plaintiffs alleged that they were denied the right to play in the upcoming Oklahoma state playoffs. The high school students sought injunctive relief against the Oklahoma Secondary Schools Activities Association's ruling that they were not eligible to play in the playoffs.Th…

On January 20, 1998, two high school basketball players filed a complaint against Oklahoma Secondary School Activities Association in the U.S. District Court for the Northern District of Oklahoma under 28 U.S.C. § 1331. The plaintiffs alleged that they were denied the right to play in the upcoming Oklahoma state playoffs. The high school students sought injunctive relief against the Oklahoma Secondary Schools Activities Association's ruling that they were not eligible to play in the playoffs.

The plaintiffs filed a motion for temporary restraining order and for preliminary injunction, and a hearing on this issue was held on February 13, 1998. On February 17, 1998, the plaintiffs filed a motion for temporary restraining order. On February 19, 1998, the court (Judge Terry Kern) denied the plaintiff's motion for preliminary injunction and granted the defendant's motion to dismiss. The court dismissed the case for failing to state a claim upon which relief can be granted.

The court stated that participation in high school athletics was not a protected civil right. Judge Kern stated that the plaintiffs' assertion that they should prevail because of a "right to be treated fairly" was inadequate to sustain a due process claim. Judge Kern also found that the plaintiffs had not raised an equal protection claim. He wrote that without successful due process or equal protection claims, a civil rights claim could not be maintained.

On March 5, 1998, the defendants filed a motion for attorneys' fees and for sanctions. The defendants submitted the bill of cost requesting costs in the amount of $1,631.18.

A hearing on the cost of defendants' attorney's fees was held on April 7, 1998. The costs taxed by the court clerk was $1,144.58 against the plaintiffs. On March 17, 1998, the court denied the defendant and plaintiff's motion for attorneys fees.

Summary Authors

Ginny Lee (3/17/2017)

People


Judge(s)

Kern, Terence C. (Oklahoma)

Attorney for Plaintiff

Schiller, Samuel (Tennessee)

Yasser, Raymond (Oklahoma)

Attorney for Defendant

Hughlett, Tamela Renee (Oklahoma)

Muchmore, Clyde A. (Oklahoma)

Judge(s)

Kern, Terence C. (Oklahoma)

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Documents in the Clearinghouse

Document

4:98-cv-00058

Docket [PACER]

March 17, 1999

March 17, 1999

Docket

Docket

Last updated March 26, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (NO Summons(es) issued) (fee status: pd ) (ksb, Dpty Clk) (Entered: 01/21/1998)

Jan. 20, 1998

Jan. 20, 1998

FILING FEE PAID IN FULL by plaintiff Steven Davison on 1/20/98 in the amount of $ 150.00 receipt # 79128 (fee status: pd ) (ksb, Dpty Clk) (Entered: 01/23/1998)

Jan. 20, 1998

Jan. 20, 1998

1

...MOTION by plaintiffs for temporary restraining order and/or for preliminary injunction (fe, Dpty Clk) (Entered: 02/18/1998)

Jan. 20, 1998

Jan. 20, 1998

MINUTE ORDER: IN−COURT HRG set on Complaint for Injunctive Relief, 9:30 2/13/98 before Chief Judge Terry C. Kern (cc: all counsel) (cds, Dpty Clk) (Entered: 02/03/1998)

Feb. 3, 1998

Feb. 3, 1998

2

RESPONSE (BRIEF IN OPPOSITION) by defendant Oklahoma Secondary to Pltfs' mtn for TRO and/or preliminary injunction (contained in complaint) [1−1] (C2J) (crp, Dpty Clk) (Entered: 02/17/1998)

Feb. 12, 1998

Feb. 12, 1998

MINUTES: by Chief Judge Terry C. Kern ; In−court hearing held 2/13/98 on Pltfs. req/TRO/Prel. Inj. contained in complaint [1−1]. Witnesses sworn &testify. Exhibits admitted. Pltfs permitted to reply to deft response to complaint by 2/17/98. Matter UNDER ADVISEMENT thereafter(E.Simpson−cr) (fe, Dpty Clk) (Entered: 02/13/1998)

Feb. 13, 1998

Feb. 13, 1998

3

BRIEF by plaintiffs in support of their motion for temporary restraining order [1−1] or for preliminary injunction [1−2] (fe, Dpty Clk) (Entered: 02/18/1998)

Feb. 17, 1998

Feb. 17, 1998

4

RESPONSE by defendant Oklahoma Secondary to pla's motion for temporary restraining order [1−1] and/or for injunction [1−2] (fe, Dpty Clk) (Entered: 02/18/1998)

Feb. 18, 1998

Feb. 18, 1998

5

ORDER by Chief Judge Terry C. Kern denying pla's motion for preliminary injunction [1−2]; granting dfdt's motion to dismiss; dismissing case for failure to state a claim upon which relief can be granted (cc: all counsel) (fe, Dpty Clk) (Entered: 02/19/1998)

Feb. 19, 1998

Feb. 19, 1998

REMARK: Exhibits returned to Crowe/Dunlevy/OKC (cds, Dpty Clk) (Entered: 02/23/1998)

Feb. 23, 1998

Feb. 23, 1998

6

MOTION by defendant Oklahoma Secondary for attorney fees (C/J) , and/or for sanctions (C/J) (lmc, Dpty Clk) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

BILL OF COSTS submitted by defendant Oklahoma Secondary against plaintiffs Steven Davison, Matthew Eames requesting costs in the amount of $1,631.18; COST HRG set for 10:00 4/7/98 before the Court Clerk (lmc, Dpty Clk) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

7

BRIEF by defendant Oklahoma Secondary in support of bill of costs (C/Clerk) (lmc, Dpty Clk) (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

8

NOTICE by defendant Oklahoma Secondary of hrg on bill of costs 4/7/98 at 10:00 (mail cpy rtrnd) (fe, Dpty Clk) (Entered: 03/09/1998)

March 9, 1998

March 9, 1998

9

RESPONSE brf by plaintiffs Steven Davison and Matthew Eames to dfdt's motion for attorney fees [6−1] and for sanctions [6−2]... (fe, Dpty Clk) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

9

...MOTION by plaintiffs Steven Davison and Matthew Eames for attorney fees and for costs (c2j) (fe, Dpty Clk) Modified on 03/23/1998 (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

10

OBJECTIONS by plaintiffs Steven Davison and Matthew Eames to dfdt's bill of costs [0−0] (fe, Dpty Clk) (Entered: 03/23/1998)

March 20, 1998

March 20, 1998

12

COSTS taxed by Court Clerk for defendant Oklahoma Secondary in the amount of $1,144.58 against plaintiffs Steven Davison, Matthew Eames (cc: all counsel) (lmc, Dpty Clk) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

13

RESPONSE by defendant Oklahoma Secondary to motion for attorney fees [9−1], to motion for costs [9−2] (filed as mtn/attys' fees and/or sanctions w/brief in opposition) (lmc, Dpty Clk) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

14

MOTION by plaintiffs for review of taxation of costs (c2j) (fe, Dpty Clk) (Entered: 04/13/1998)

April 13, 1998

April 13, 1998

15

RESPONSE by defendant Oklahoma Secondary to pla's motion for attorney fees [9−1] and costs [9−2] (fe, Dpty Clk) (Entered: 04/29/1998)

April 28, 1998

April 28, 1998

16

ORDER by Chief Judge Terry C. Kern denying dfdt's motion for attorney fees [6−1] and/or sanctions [6−2]; denying pltfs' motion for attorney fees [9−1], and costs [9−2] (cc: all counsel) (sac, Dpty Clk) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

17

ORDER by Chief Judge Terry C. Kern denying pltfs' motion for review of taxation of costs [14−1] (cc: all counsel) (sac, Dpty Clk) (Entered: 03/18/1999)

March 17, 1999

March 17, 1999

Case Details

State / Territory: Oklahoma

Case Type(s):

Education

Key Dates

Filing Date: Jan. 20, 1998

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two high school basketball players who were denied to play in high school athletics.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Secondary School Activities Association, School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Type of Facility:

Government-run