A district court has granted a plaintiff’s motion to remand a lawsuit back to a state court after the plaintiff, who was seeking a waiver of ineligibility from the Kentucky High School Athletics Association, withdrew his allegation that his rights under the United States Constitution were violated.
The case centers on the claim of Tye Prince, a talented young basketball player. When Tye’s father, Billie Prince, took a new job as assistant coach for the Ballard Memorial High School, Tye sought immediate eligibility at BMHS. The KHSAA thought otherwise, requiring him to sit out for a year.
After exhausting his appeals with the association, Price sought judicial intervention. Among other things, he alleged that his “Due Process rights have been violated under both the United States and the Kentucky Constitution.”
On December 3, 2008, the KHSAA filed a Notice of Removal to this federal court. On December 5, 2008, the plaintiff tendered an amended complaint to the Ballard Circuit Court withdrawing his Due Process Claim under the United States Constitution. On December 17, 2008, the plaintiff filed this motion to remand arguing that the court lacks jurisdiction over this matter because there is no federal question remaining since the plaintiff filed his amended complaint.
“While it is clear that the plaintiff dismissed his federal-law claim from his complaint in an effort to litigate this action in state court, the other factors weigh heavily in favor of remand,” wrote the federal judge. “This case remains in its very early stages in federal court. The court has not addressed the merits of this action. Additionally, the slight delay that would result in remanding this case to the state court would not prejudice the objecting party, the KHSAA. Finally, this matter is an administrative appeal of a KHSAA decision brought pursuant to KRS 13B.140 and is more appropriately decided by the state court. Thus, balancing these considerations, the court will remand the state law claims to Ballard Circuit Court.”
Tye Prince v. Kentucky High School Athletic Association; W.D. Ky.; CIVIL ACTION NO. 5:08CV-00195-JHM; 2009 U.S. Dist. LEXIS 3436; 1/16/09
Attorneys of Record: (for plaintiff) Daryl T. Dixon, LEAD ATTORNEY, Paducah, KY. (for defendant) Jason T. Ams, Phillip D. Scott, Theodore Roberts Martin, LEAD ATTORNEYS, Greenebaum Doll & McDonald PLLC, Lexington, KY.