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.

Ginny Lee - 03/17/2017


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