C.P. v. Kentucky High School Athletics Association
Filing
7
MEMORANDUM OPINION & ORDER: Upon the Court's own motion, this matter is REMANDED to the Fayette CC in the absence of jurisdiction to consider the matter further. Signed by Judge Joseph M. Hood on 9/20/2016.(SCD)cc: COR,D,Fayette CC(certified copy via US Mail)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION AT LEXINGTON
C.P., a minor by and through
his mother and next friend,
Dawn Marie Mohon,
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
V.
KENTUCKY HIGH SCHOOL
ATHLETICS ASSOCIATION,
Defendants.
***
***
Civil No. 5: 16-361-JMH
MEMORANDUM OPINION & ORDER
***
***
This matter is before the Court upon its own motion.
In his
Complaint, Plaintiff C.P. avers that the Kentucky High School
Athletics Association (“KHSAA”) has wrongfully determined that he
is ineligible to play interscholastic sports as a transfer student
because his transfer from the Warren Central High School District
to the Greenwood High School District, both in Bowling Green,
Kentucky, was not due to a bona fide change in residence as that
term is understood in the KHSAA’s Bylaw 6.
In his Complaint, he
claims that the KHSAA ruling is arbitrary and capricious and, thus,
a
violation
of
his
rights
under
Section
2
of
the
Kentucky
Constitution.
Defendant removed the case to this Court under 28 U.S.C. §§
1441 and 1446 as a civil action of which this Court would have
1
original jurisdiction under 28 U.S.C. § 1331.
provides
that
the
district
courts
“shall
Section 1331
have
original
jurisdiction of all civil actions arising under the Constitution,
laws, or treaties of the United States.”
It is only in his Ex
Parte Motion for Temporary Injunction that C.P. states that he
“has
alleged
that
the
actions
of
KHSAA
were
arbitrary
and
capricious and in violation of his constitutional right to due
process guaranteed by both the state and federal constitutions and
Section 2 of the Kentucky Constitution.”
Plaintiff’s Complaint
was not amended and, thus, the Court does not have original
jurisdiction
of
this
matter
as
Constitution of the United States.
a
case
arising
under
the
It has been, if anything,
prematurely removed.
Accordingly, upon the Court’s own motion, this matter is
REMANDED
to
the
Fayette
Circuit
Court
jurisdiction to consider the matter further.
This the 20th day of September, 2016.
2
in
the
absence
of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?