James Raymond Stewart, Jr. v. Bibb Co. Board of Ed, (11th Cir. 2006)

Status: Not Published

Docket Number: 04-00365

Parts: 06-11909

Linked as:

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[D O NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FILED

F O R THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

SEPT 13, 2006

N o . 06-11909 THOMAS K. KAHN

CLERK

N o n - A r g u m e n t Calendar

D . C. Docket No. 04-00365-CV-WDO-5

JA M E S RAYMOND STEWART, JR.,

F R A N K I E CAUSEY, GEORGE DEUHART,

M A R IO T. SMITH, WILL MORTON,

JA M E S B. ALEXANDER, JR.,

JEROME OWENS, JR.,

NATHAN JEROME HARRIS,

C H R IS T O P H E R FLEMING,

N IC K A L O U S GREEN, RAMONE LEWIS,

A N T W A N KIRKLAND, COREY MURPHY,

F R E D WILLIAMS, R. W. WILLIAMS,

P la in tif f s - A p p e lla n ts ,

v ersu s

B IB B COUNTY BOARD OF EDUCATION,

R A Y N E T T E EVANS, individually and in

her capacity as Athletic Director of the Bibb

C o u n ty Schools,

D e f e n d a n ts - A p p e lle e s .

A p p e al from the United States District Court

fo r the Middle District of Georgia

(S ep tem b er 13, 2006)

B efo re CARNES, PRYOR and HILL, Circuit Judges.

P E R CURIAM: P lain tiff Stewart, coach of a high school football team, and other plaintiffs, f o r m e r football players on the team, bring action against the Bibb County, Georgia, B o ard of Education and the Athletic Director for the Bibb County Schools.

P lain tiffs allege that they were damaged when the Georgia High School A sso ciatio n forfeited the school's games for the season having found that a resid en ce eligibility rule had been violated by the team's including a non-county r es id e n t. The Athletic Director and Board of Education members failed to appeal th e ruling. Damages were alleged to have been sustained by the loss of o p p o rtu n ities to participate in playoff games, loss of exposure to college recruiting c o a ch e s , etc.

D e fe n d a n ts ' motion to dismiss, converted to a motion for summary ju d g m en t, was granted. Plaintiffs appeal.

W e have carefully reviewed the record, the briefs of the parties and the O r d e r and Judgment of the Honorable Wilbur D. Owens, Jr., United States District Ju d g e in Stewart v. Bibb County Bd. of Ed., No. 5:04 CV 365, 2006 WL 449197 ( M .D . Ga. Feb. 23, 2006). F in d in g no reversible error therein, the summary judgment in favor of d efen d an ts/ap p ellees is AFFIRMED.