NEWSON
v.
CAPE CORAL SCHOOL AUTHORITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that it lacked subject matter jurisdiction over the case and dismissed the complaint.
A student athlete was found academically ineligible, leading to forfeited games. The plaintiff sought to reverse the decision and restore the team's r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse 28 U.S.C. § 1331 cases and more on FLexlaw
SCHOOL and FLORIDA HIGH SCHOOL ASSOCIATION,
Defendants. /
OPINION AND ORDER1
Before the Court is Plaintiff Rondell Newson’s Motion Requesting an Emergency Hearing and Temporary Restraining Order (Doc. 3). This case centers on the record of the Oasis High School varsity football team, the Sharks. On October 2, 2019, an assistant principal at Oasis High School discovered that a member of the football team was academically ineligible to play in the 2019 football season. Because the student had already played in violation of the applicable bylaws, Oasis self-reported the incident to the Florida High School Athletic Association. Among other sanctions, the Association ordered the forfeiture of three games in which the ineligible student played. Newson asks
court, the plaintiff must plead and prove jurisdiction. See King v. Cessna Aircraft Co., 505 F. 3d 1160, 1170 (11th Cir. 2007). Federal “district courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331. After a careful review of Newson’s complaint and the other documents he filed, it does not appear that this Court has jurisdiction over this matter. In other words, the Court has no authority to intervene here, and this case must be dismissed. But the Court will give Newson an opportunity to amend his complaint if he believes he can plead a basis for jurisdiction in federal court. Accordingly, it is now
ORDERED: 1. Plaintiff Rondell Newson’s Motion Requesting an Emergency Hearing and Temporary Restraining Order (Doc. 3) is DENIED. 2. Newson’s Emergency Complaint of Temporary Restraining Order (Doc. 1) is DISMISSED without prejudice. 3. Newson may file an amended complaint consistent with this Order on or before November 15, 2019. Failure to do so will result in the Court closing this case without further notice. DONE and ORDERED in Fort Myers, Florida this 1st day of November, 2019.
Lhe hlatrrthe 7
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record