TSJ Thread

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#103      

IlliniCaboose

IlliniCaboose
IlliniCaboose
the movie drinking GIF
 
#105      

WeWillWhen

WeWillWhen
WeWillWhen
I am slammed at work this afternoon, so don't have time to read and analyze the whole thing, but I've got a PDF of the entire 38 page ruling that I can send to anyone who know how to post it. It's also available to anyone (lawyers mostly) who has a PACER account.
 
#109      

The Galloping Ghost

The Galloping Ghost
Washington, DC
The Galloping Ghost
https://twitter.com/i/web/status/1748461417332629931
"The above tweet stands as far as the court GRANTING TSJ’s Verified Motion for Preliminary Injunction. He is permitted to play immediately. The court held that the University of Illinois is enjoined from suspending him from the basketball team, without at least affording him the protections of the school’s OSCR Policy.

As far as Title IX, the court did not go so far as to allow the equitable relief under Title IX, so I do stand corrected there. Notwithstanding, the injunction is what is needed to play and the court found he will suffer irreparable harm without an injunction. The potential harm to TSJ outweighs any harm to the University. Further, the public interest is not harmed by granting injunctive relief to allow for additional safeguards, while he is presumed innocent of all criminal charges.

Major news for the Illini."
 
#110      

Illwinsagain

Illwinsagain
Cary, IL
Illwinsagain
Actually, this is what I found refreshingly clear

the Plaintiff has established that he has clearly ascertainable rights that need protection and there is some likelihood of success on the merits. The Court further finds that Plaintiff has no adequate remedy at law and will suffer irreparable harm without an injunction. The potential harm to Plaintiff outweighs any harm to the University. The public interest is not harmed by granting injunctive relief to allow for additional procedural safeguards while he is presumed innocent of the criminal charges.
 
#111      

WeWillWhen

WeWillWhen
WeWillWhen
battle said:
don't know where WeWillWhen found text but "This Order shall remain in effect until modified or terminated by a subsequent order."
Click to expand...
That's very typical language for this sort of thing. Basically means that the order is indefinite until the loser seeks reconsideration, appeal, etc. Probably what will happen now is that the case will proceed on a regular "slow boat" track. All that TSJ needs is for this order to stay in place for less than 3 more months, which I think is pretty likely.

WOW
 
#117      

CharliedonSurf

C
CharliedonSurf
WeWillWhen said:
Here's the money shot, that I just cut-and-pasted from the order:

III. CONCLUSION

For the reasons stated herein, Plaintiff has not shown a likelihood of success on his Title IX claim and is, therefore, not entitled to equitable relief as to Count I. As to Count VI, the Plaintiff has established that he has clearly ascertainable rights that need protection and there is some likelihood of success on the merits. The Court further finds that Plaintiff has no adequate remedy at law and will suffer irreparable harm without an injunction. The potential harm to Plaintiff outweighs any harm to the University. The public interest is not harmed by granting injunctive relief to allow for additional procedural safeguards while he is presumed innocent of the criminal charges. Because Plaintiff financially supports several family members, the Court will not require Plaintiff to post bond. See Wayne Chemical, Inc. v. Columbus Agency Service Corp., 567 F.2d 692, 701 (7th Cir. 1977) (“Under appropriate circumstances bond may be excused, notwithstanding the literal language of Rule 65(c)”). Based on this finding, the Court will not address Plaintiff’s remaining claims.

Therefore, Plaintiff Terrence Shannon, Jr.’s Verified Motion for a Preliminary Injunction (Doc. 10) is GRANTED. IT IS HEREBY ORDERED THAT: Defendant, The Board of Trustees of the University of Illinois, and all of its officers (including, but not limited to, Defendant Timothy Killeen), administration, employees, units, divisions, affiliates, and other agents, are hereby enjoined from continuing to suspend Plaintiff from the basketball team pursuant to the DIA Policy. Defendants are enjoined from suspending Plaintiff from the basketball team without at least affording him the protections of the OSCR Policy. The obligations of Defendants pursuant to this Order are to be construed as broadly as possible. This Order shall remain in effect until modified or terminated by a subsequent order.

ENTER: January 19, 2024
Click to expand...
What was count 6 or better yet cn you copy paste the analysis on that count from decision
 
#119      

WeWillWhen

WeWillWhen
WeWillWhen
Here's another key excerpt: "The Court does not agree that the harm to Plaintiff in the absence of an injunction is speculative. While it may be difficult to quantify financially, the potential loss of Plaintiff’s NBA career, NIL deal, and ability to support his family are more than speculative harms. Plaintiff alleges an injunction would eliminate the appearance of guilt and restore the presumption of innocence and status quo pending resolution of the criminal proceeding. The loss of the opportunity to play college basketball for the remainder of Plaintiff’s career is also a significant harm that is difficult to place a value on. Given that it has allowed Plaintiff to stay on campus since the alleged incident and his suspension from the basketball team, Illinois does not believe that Plaintiff is a threat to other students or the Illinois community. While the Court recognizes the strong interest the University has in acting pursuant to its policies, the Court concludes that the irreparable harm to Plaintiff by application of the DIA Policy outweighs the harm to Illinois."

Really great job by TSJ's attorneys in framing the issues in a way that led the Court to make this finding.

(of course, this is going to have huge implications going forward for every University athletics program's ability to discipline in certain ways)
 
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#122      

pruman91

pruman91
Paducah, Ky
pruman91
9512024_162.gif


That's one way to stop this BS runaway train.......

The Alpha Male is alive and kickin....................He really really is.........................

There should be a long standing ovation when the Fighting Illini starting 5 is announced for Sunday's game.......There really really should be............................................

psyc117.gif


Cheers Illini Nation........................
 
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