Federal Judiciary

6/9/2008

BOYKO, District Judge. Appellant Claude L. Bassett (?Bassett?) was an assistant football coach for the University of Kentucky (?UK?) from 1997-2000 when he resigned due to allegations of The National Collegiate Athletics Association (?NCAA?) rules infractions. Bassett filed suit against NCAA, the Southeastern Conference (?SEC?) and the University of Kentucky Athletic Association (?UKAA?), alleging conspiracy to violate antitrust laws, fraud, civil conspiracy and tortious interference with contract. The district court granted NCAA?s, the UKAA?s and the SEC?s motions to dismiss the antitrust and civil conspiracy claims and granted NCAA?s and the SEC?s motions to dismiss Plaintiff?s fraud claims. Later, the district court granted summary judgment for NCAA and the UKAA on Plaintiff?s remaining claims. Bassett now appeals the district court?s granting of NCAA?s motion to dismiss the antitrust claim and the district court?s granting of summary judgment on the UKAA?s fraud and alleged breach of contract claims. The Appellant?s appeal is not well taken. We find the district court correctly determined Appellant?s antitrust claim was not commercial in nature and failed to allege an antitrust injury. Furthermore, Appellant failed to demonstrate reasonable reliance and causation on his fraud claim and Appellant failed to plead a breach of contract claim and, even if he did, such contract would be void ab initio as against public policy.

6/10/2008

6/10/2008

SUTTON, Circuit Judge. Not long after word spread at the Livingston County Jail that detainee Shaun Leary had been charged with raping a nine-year-old girl, several prisoners beat him up. At stake in this § 1983 action is, one, whether officer Scott Stone was deliberately indifferent to Leary?s safety needs and, two, whether officer Denis McGuckin used excessive force against Leary when he hit him on the back of his neck while walking him to his cell. As to Stone, we affirm the district court?s denial of qualified immunity; as to McGuckin, we reverse the district court?s denial of qualified immunity because the force used was de minimis.

6/12/2008