Federal Court Hearing Happening Wednesday In Wheeling In Battle Transfer Case
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A U.S. District judge will hear arguments today over a temporary restraining order that could allow West Virginia University men's basketball player RaeQuan Battle to play this season.
That judge, U.S. District Judge John Preston Bailey, also is presiding over a separate lawsuit Battle filed against the NCAA after the original judge on the case recused himself.
According to Ohio Attorney General Dave Yost, the restraining order hearing is scheduled for 10 a.m. today at the U.S. Federal Courthouse in Wheeling. Attorneys general in seven states - West Virginia, Ohio, Colorado, Illinois, New York, North Carolina and Tennessee - filed a lawsuit last week challenging NCAA transfer rules, claiming they violate antitrust laws.
At the heart of the challenge is the playing future of Battle, who transferred to WVU after stints at the University of Washington and Montana State. His waiver request to play immediately at WVU following his second transfer was denied by the NCAA. In Battle's separate suit against the NCAA, he claimed his waiver should be allowed because NCAA transfer guidelines include whether a player's mental health would be enhanced by the transfer.
Battle, who grew up on a reservation in Washington, said WVU interim coach Josh Eilert, who also grew up on a reservation, helps with his mental health because of their shared backgrounds.
Bailey is presiding over both lawsuits after the original judge - Thomas Kleeh, the Chief United States district judge of the United States District Court for the Northern District of West Virginia - filed an order of recusal.
Kleeh cited precedent that recusal was necessary if "another ... might reasonably question his impartiality based on all the circumstances." Kleeh said he has been a longtime and vocal WVU fan.
"For reasons appearing to the court, including, but not limited to, my historical public demonstration of dedicated and unwavering support of West Virginia University athletics, and in particular Mountaineer basketball, I must reluctantly conclude that my ability to preside impartially over this matter could be reasonably questioned," Kleeh wrote. "Plaintiff asserts allegations and seeks relief which, if granted, could impact my alma mater's men's basketball program.
"While I hold no personal reservation about my ability to preside over this matter impartially, the litigants are entitled to vindicate their claims in a form untainted by any suggestion of partiality," he continued.