TOLEDO, OH — Justice Kim Adair Wilson of the New York Supreme Court for Bronx County, New York issued a decision on Friday, February 23, 2024 at approximately 7:48 pm granting Plaintiff Dejuan Clayton’s motion for a preliminary injunction in the case Dejuan Clayton v. National Collegiate Athletic Association and Manhattan College, allowing Mr. Clayton, in dramatic fashion, to enter Manhattan College’s basketball game vs. Marist College with less than 10 minutes left and to remain eligible for the remainder of the season. The decision further enjoins the NCAA from assessing penalties against Manhattan College, Mr. Clayton’s teammates, or coaches under the NCAA’s rule of restitution, which otherwise would allow the imposition of sanctions after the fact.
The injunction resolves an arduous eight-month process initiated by Manhattan College to seek eligibility for Mr. Clayton and an opportunity for him to benefit from a final, healthy season of college basketball.
The decision also permits Mr. Clayton to pursue promised NIL opportunities as the Court considered Dejuan’s rights under New York State’s very athlete-favoring NIL law.
Manhattan College had sought to resolve this matter within the NCAA’s own administrative process from July 2023 to January 2024, when Shumaker attorneys joined the effort, after Ohio Attorney General Dave Yost and the Attorneys General of six other states were able to obtain a temporary restraining order and ultimately a preliminary injunction against the NCAA, in Ohio v. NCAA in December of 2023 in the Federal District Court for the Northern District of West Virginia.
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