TSJ Thread

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#253      

BZuppke

Plainfield
For this restraining order, is the judge simply rubber stamping this or he is looking at evidence to make his decision?
Judge has to look at whether he’s likely to succeed on the criminal case, what harm each side will suffer and generally wants to preserve the status quo until the main case plays out. I’m a civil lawyer so usually part of the same civil case. Not sure how the criminal case plays.
 
#254      
I'll be very interested to see the motion. I'm not sure how you could get that type of equitable relief in the following scenario:
1. School has a policy suspending student-athletes charged with serious crimes.
2. School has a panel that can lift a suspension if they get information indicating that charges are meritless.
3. Panel doesn't get any information from authorities either way, so members feel they don't have enough to lift suspension.
Now, the panel members might believe that charges against TSJ are meritless, but I'm not sure how the court can compel them to take action if they say they need more information to confirm it.
 
#255      

drsmitty74

Rochester
Why could we have not had this info and TRO being filed...
BEFORE the Purdont game?

Kidding of course, just happy to see some positive news.
 
#257      

1m4tr

Cliffmas
I am tried of all the negativity about TJS!! It’s a shame when you have your own fans turn against you. According to the articles I read he has cooperated from the start. Also according to our Judicial System YOU ARE INNOCENT UNTIL PROVEN GUILTY!!
Maybe you’re seeing other places w hate from Illini fans to TSJ, but here there’s been almost nothing but love for him and a real focus on his innocence until proven guilty.
 
#258      
I am tried of all the negativity about TJS!! It’s a shame when you have your own fans turn against you. According to the articles I read he has cooperated from the start. Also according to our Judicial System YOU ARE INNOCENT UNTIL PROVEN GUILTY!!
steve carrell anchorman GIF by FirstAndMonday
 
#259      

BZuppke

Plainfield
I will add that likely to succeed on the merits related to overturning the suspension, not winning the criminal case. But they are intertwined so I don’t know how the judge doesn’t have to look at the merits of the criminal case as well unless he says innocent until proven guilty. All that being said, there are team and university rules he may have violated. A lot possibly involved in this but I think the overriding issue in TSJ’s favor is he is suffering great and perhaps irreparable harm being suspended whereas the university suffers no harm if he’s reinstated.
 
#261      
— The alleged incident took place "in a crowded KU bar in an area subject to surveillence video," the document said. According to police records made available to Shannon and the UI, "there are no witnesses to the alleged incident, no video showing TJ and the complainant together, and no physical evidence tying TJ to the alleged incident.

Lawrence police "did not interview any of the several KU basketball players who were with TJ that night until Jan. 3, 2024, after the Chargers were brought a month earlier, and even though the complainant allegedly advised the LPD that she recognized at least one KU player as being at the scene of the alleged incident."

From the news gazette article
Public defamation suit should follow this up.
 
#263      
Does the university have to respond before the judge ruling on the TRO?

Or is just simply the judge ruling without additional input.
 
#264      
Love TSJ, hope he is innocent and can get back on the court ASAP, but not really a fan of this latest development. The lawyer claims TSJ was treated unfairly, and while you can argue against the university policy in place, it seems it was followed to the letter and thus TSJ wasn't given any different treatment otherwise. Unless I'm missing something, there seems to be no factual evidence that the university did not follow their process. I also understand the argument saying that TSJ isn't getting his due process and that his presumption of innocence is not being respected, but this also isn't happening in a court of law, it's happening within a university that has it's own code of conduct that is agreed to by students/athletes upon their acceptance of admission. Unless there was some outrageous violation of TSJ's civil rights embedded within the university's code of conduct, my assumption is that a court is not going to bother adjudicating these types of matters.

That said, if this temporary injunction/restraining order is granted, I don't see any scenario where TSJ actually plays as the risk is simply too great with the case still active. Consider a scenario where this order is granted, TSJ plays, and then a week later new evidence comes to light that is not favorable to TSJ. I think the only way TSJ suits up again for the O&B is if the case is dismissed.
 
#265      
It’s a move that has the potential to get him back on the court with out it making it look sketchy on the universities part.
And here’s why I believe this will end up being granted by the courts. I feel this in part was likely an idea Whitman and or Brad came up with that would allow TJ to play while everything is sorted out and in their opinion likely proven innocent but that will take time and at the same time letting the university off the hook for a PR nightmare. I feel there’s gotta be some behind the scenes jockeying going on and this isn’t just a “Hail Mary” by TJs attorneys. This has teeth.
 
#266      
So if this TRO is granted, wouldn't that defang the panel?
I am fearful the BOT inserts themselves into the situation if it is granted. Hope I'm wrong as that would likely not be a positive development. This whole situation has sucked from the beginning. A total shame assuming TSJ is innocent, which I believe him to be.
 
#268      
I am tried of all the negativity about TJS!! It’s a shame when you have your own fans turn against you. According to the articles I read he has cooperated from the start. Also according to our Judicial System YOU ARE INNOCENT UNTIL PROVEN GUILTY!!
Exactly. So many arm-chair Johnny Cochran's here terrified to go to bat for this young man when everything about this case stinks to high heaven.
 
#269      
So if this TRO is granted, wouldn't that defang the panel?
Hope so. And not just Illinois. I'm not sure it would set a precedence but could give others a framework. I've posted many times, this is a garbage policy. It simply follows others to pass/share the responsibility. Following others is unfortunately far to common in the educational setting.
 
#271      

skyIdub

Winged Warrior
Love TSJ, hope he is innocent and can get back on the court ASAP, but not really a fan of this latest development. The lawyer claims TSJ was treated unfairly, and while you can argue against the university policy in place, it seems it was followed to the letter and thus TSJ wasn't given any different treatment otherwise. Unless I'm missing something, there seems to be no factual evidence that the university did not follow their process. I also understand the argument saying that TSJ isn't getting his due process and that his presumption of innocence is not being respected, but this also isn't happening in a court of law, it's happening within a university that has it's own code of conduct that is agreed to by students/athletes upon their acceptance of admission. Unless there was some outrageous violation of TSJ's civil rights embedded within the university's code of conduct, my assumption is that a court is not going to bother adjudicating these types of matters.

That said, if this temporary injunction/restraining order is granted, I don't see any scenario where TSJ actually plays as the risk is simply too great with the case still active. Consider a scenario where this order is granted, TSJ plays, and then a week later new evidence comes to light that is not favorable to TSJ. I think the only way TSJ suits up again for the O&B is if the case is dismissed.

The claim is that the suspension is unfair because the charges are bs. Why should his life be ruined while the pathetic US court system plays out over weeks and perhaps months?

I'm a HUGE fan of this latest development. Maybe the hugest.
 
#273      
Sir - I am shocked at your suggestion.

It implies that the University is looking for some kind of legal / PR cover for allowing TSJ to play.

As I tell my kids - nothing good happens after midnight but lots of bad things happen only after midnight. If you want to safe - stay away from the post midnight troublemakers.

I am sure TSJ regrets ever entering that bar.
Think that you're off on the circumstances.

It was 1PM in the afternoon.

Would going out in broad daylight, in a crowded location, with people their age, doing things that they also enjoy doing....be ok with you?

Let me answer that. You would be 100% ok with it.

Let me take it a step further. If they were accused of something under those circumstances and weren't allowed to go to school because of it....you'd fight for them to the death to make things right and you'd work with the school to do so.

This whole situation has been a cluster. There are so many moving parts and so much red tape that if it takes heads to come together to make things right....so be it.
 
#275      
I will add that likely to succeed on the merits related to overturning the suspension, not winning the criminal case. But they are intertwined so I don’t know how the judge doesn’t have to look at the merits of the criminal case as well unless he says innocent until proven guilty. All that being said, there are team and university rules he may have violated. A lot possibly involved in this but I think the overriding issue in TSJ’s favor is he is suffering great and perhaps irreparable harm being suspended whereas the university suffers no harm if he’s reinstated.
Could this be a way of putting pressure on the DA if the case is as weak as it has been suggested here? This gets the facts out in the open and allows a judge to say that the prosecutor’s case has no merits.
 
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