Louisiana judge grants preliminary injunction in lawsuit vs. NCAA, SEC

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BATON ROUGE, La. — A Louisiana judge granted a preliminary injunction in an eligibility lawsuit against the NCAA and SEC on Thursday, according to On3’s Wilson Alexander. The ruling paves the way for LSU to add former NFL players to its roster despite pushback and threats of sanctions from within its own conference.

Judge William Jorden also enjoined LSU from taking action to prevent the players from competing. The lawsuit includes former Ole Miss standouts Dae’Quan Wright and Zxavian Harris, both of whom are attempting to return to college to play for Lane Kiffin and LSU.

This gives LSU further clearance to sign Wright and Harris by saying LSU cannot use the threat of SEC sanctions as a reason not to add them. After they were granted the injunction, the two players told reporters they are both expecting to be added to the LSU roster on Friday.

Attorneys representing the SEC on Thursday in court said told On3 they plan to file an appeal to the ruling as soon as possible, which is the expected next step.

Last week, the SEC — along with other Power 4 leagues — instituted penalties against schools that added athletes who were previously signed or rostered by a pro league. Those penalties include a fine equal to 50% of that sport’s budget, a suspension of a team’s coach for half the season and the revoking of a school’s voting on privileges on business matters.

Last week, the athletes were granted the TRO against both the NCAA and SEC, preventing commissioner Greg Sankey from punishing member schools if they played an athlete who returned after signing a with a professional team. That led to Thursday’s showdown in the courtroom, in which Sankey himself was in attendance on behalf of the SEC.

The SEC filed a lawsuit in the U.S. District Court for the Northern District of Alabama against LSU and head coach Lane Kiffin on Thursday, according to documents obtained by On3. LSU president Wade Rousse, athletic director Verge Ausberry and Kiffin are named defendants.

Prior to the hearing, Louisiana attorney general Liz Murrill filed an amicus brief in the state’s eligibility lawsuit in support of the plaintiffs. Murrill described the case as “classic bait-and-switch” and claims Louisiana is looking to make sure college athletics are “fair, consistent, and predictable.”

Wright testified that he played last season with a torn right labrum that he suffered in the first game. Wright said the Ole Miss coaching staff stressed his importance to the team, and “that got in my head.” 

After going undrafted, Wright said he made $25,000 through a signing bonus with the Philadelphia Eagles. Wright was later claimed by the Cleveland Browns, who he said did not pay him. Wright dressed for one preseason game with the Browns before being waived and stating his intention to play for LSU. He claimed he was never listed on an NFL roster, despite appearing on the Browns’ online roster in training camp.

Wright, who made “high six figures” last year, estimated he would have received a seven-figure deal if he could have stayed in college for a fifth season. He said LSU does not have to remove anyone from the roster for him to join the team. The NCAA attorney attempted to argue he would take someone’s spot on the field, though LSU has preseason All-America tight end Trey’Dez Green.

Harris testified that he played through a broken bone in the arch of his foot for seven to eight games last season after athletic trainers told him “it was fine.” The injury was later discovered at the NFL combine.

“I wanted to win, so I kept playing,” Harris said.

Harris signed a contract with the New Orleans Saints as an undrafted free agent, but he said he only received $190 from the organization for gas money. He did not practice as he continued to recover from the injury. Harris, who was waived in early August, wore an LSU shirt during the hearing.

Defense attorney Michael Walshe, an Ole Miss graduate who helped represent the SEC, thanked Wright and Harris for what they did last season to help the Rebels reach the College Football Playoff semifinals.

Attorneys general in South Carolina and Georgia pushed back on that notion, each supporting the SEC’s ability to govern its own schools. After considering both the arguments of the plaintiffs and the league, as well as the NCAA, Judge Jorden denied the preliminary injunction and dealt a major blow to the athletes looking to return for a fifth year of eligibility.

Louisiana ruling is latest 5-in-5 eligibility saga

The NCAA’s age-based eligibility model has been at the center of a slew of lawsuits in recent months. Starting this year, athletes will get five years to play five seasons with their eligibility clock starting at the date they enroll in college or that of their 19th birthday, whichever happens first.

However, the new rule is not retroactive for the Class of 2022, and the NCAA has made clear it has no plans to make it so. As a result, athletes from the class have taken to court seeking a fifth year of eligibility. 

While multiple athletes have received temporary restraining orders or preliminary injunctions in eligibility lawsuits, the NCAA has gotten some wins of its own. The association has been granted multiple stays, most recently in a Tennessee case.

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