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Billy Ralph HARDY and Kathryn Jeane Hardy, Individually and as Next Friend of Charles Wayne Hardy, a Minor, Plaintiffs-Appellants, v. The UNIVERSITY INTERSCHOLASTIC LEAGUE, et al., Defendants-Appellees

United States Court of Appeals for the Fifth Circuit1985-05-10No. No. 84-1802
759 F.2d 1233

Summary

Holding. The federal due process and equal protection claims were properly dismissed because participation in high school athletics is not a constitutionally protected interest. The dismissal of the state law claims was improper and was vacated; the case was remanded to the trial court with instructions to remand the state law claims to Texas state court.

A high school student and his parents challenged the University Interscholastic League's decision to declare him ineligible to play football after he relocated within Texas. The complaint alleged federal constitutional violations based on due process and equal protection, as well as state law claims involving conspiracy, violation of the Texas Open Meeting Act, and arbitrary action by the UIL and school officials. The district court dismissed the entire case after the defendants removed it from state court.

The appellate court determined that the federal constitutional claims lacked merit because participation in interscholastic athletics does not constitute a protected liberty or property interest under the Fourteenth Amendment, and the UIL's eligibility rules do not violate equal protection principles. However, the court found that the district court erred by also dismissing the state law claims, which were never actually addressed or argued before the lower court. Since the case was originally filed in state court, the appropriate remedy was to remand the state law claims back to Texas state court rather than dismiss them.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether participation in interscholastic athletics is a constitutionally protected interest under due process and equal protection
  • Whether a federal court should dismiss state law claims when dismissing federal claims in a removed case
  • Proper procedure for handling state law claims that were never argued in federal court

Procedural posture

Plaintiffs filed suit in Texas state court; defendants removed to federal court and moved for judgment on the pleadings under Federal Rule 12(c), which the district court granted, dismissing the entire complaint with prejudice.

Authorities cited

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Opinion

majority opinion

HIGGINBOTHAM, Circuit Judge:

After 17-year-old Charles Wayne Hardy moved from Early, Texas to San Saba, Texas, the University Interscholastic League ruled him ineligible for high school football. Hardy and his parents filed a suit in state court against UIL, its members and two of its subcommittees, and the Early school superintendent, asserting violations of both Texas law and the United States Constitution. The defendants removed to federal court and moved for judgment on the pleadings. The district court granted the motion and dismissed the entire complaint with prejudice. We affirm the dismissal of the federal claims, but because the complaint contains state-law claims never argued to the district court, we hold that the district court should have remanded those claims to state court.

I

On June 26, 1984, the Hardys filed an Original Petition for Injunction in the district court of San Saba County, Texas. The complaint alleges that Charles Hardy lived with his father in Early from 1981 until April of 1984, when the two moved to the Hardy family farm in San Saba. Under UIL rules, Charles could not play football for San Saba High School during 1984-85 unless he obtained a Previous Athletic Participation Form signed by the Early superintendent and football coach, or unless the Executive Committee of District XIII AA (composed of one representative from each district high school) voted to allow him to play. The Early coach and superintendent refused to sign the participation form, and the district committee ruled Charles ineligible.

The complaint accuses the defendants of conspiring to keep Charles from participating in sports in retribution for the Hardys’ opposition to unspecified “harsh and oppressive action” taken against Charles and other Early students by the Early superintendent and school administration. In addition, it alleges that the district committee met without notice, in violation of the Texas Open Meeting Act, and allowed improper school representatives to vote, in contravention of the UIL constitution. The complaint further recites that the committee ruling was “erroneous, arbitrary and capricious, and without factual basis.” Finally, without elaboration, the complaint asserts a deprivation of a “constitutionally protected interest” in violation of the due process and equal protection clauses of the United States and Texas Constitutions.

The defendants removed to federal court, answered, and moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c). Their brief in support of this motion argued only that the due process and equal protection claims lacked merit. The district court, without opinion, granted the motion and dismissed the entire complaint with prejudice.

II

The district court correctly entered judgment on the pleadings on the Hardys’ constitutional claims. Participation in interscholastic athletics is not an “interest” protected by the Due Process Clause. Niles v. University Interscholastic League, 715 F.2d 1027, 1031 (5th Cir.1983). Nor do the UIL’s rules for classifying athletes as eligible or noneligible violate the Equal Protection Clause. Id. The allegation of arbitrary and capricious action also adds nothing in the absence of a protectible property or liberty interest. Whatever the role of the elusive idea of substantive due process, it is not applicable here. As Justice Stevens, then Judge, put it:

The Fourteenth Amendment prevents the state from depriving any person of liberty or property without due process of law. As Roth squarely holds, the right to procedural due process is applicable only to state action which impairs a person’s interest in either liberty or property. Certainly the constitutional right to “substantive” due process is no greater than the right to procedural due process. Accordingly, the absence of any claim by the plaintiff that an interest in liberty or property has been impaired is a fatal defect in her substantive due process argument.

Jeffries v. Turkey Run Consolidated School District, 492 F.2d 1, 4 (7th Cir. 1974).

We repeat: we are not super referees over high school athletic programs. Questions about eligibility for competition may loom large in the eyes of youths, and even their parents. We do not disparage their interest in concluding, as here, that these issues are not of constitutional magnitude. Behind this observation rest important values of federalism and the reality that the mighty force of the constitutional commands ought not to be so trivialized. We pause to say this, not to succumb to rhetorical flourish but to remind.

While we are chary of Rule 12 dismissals in the face of notice pleadings, given the generous standard for the measure of whether a claim has been stated, there was no set of facts that could have been proved under these pleadings to support a finding that the defendants deprived the Hardys of any constitutional right. Judgment under Rule 12(c) was therefore proper. See George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp., 554 F.2d 551, 553 (2d Cir.1977); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed.2d 80 (1957).

HI

The Hardys do not emphasize their constitutional claims on appeal. Rather, their main point is that the district court should not have dismissed their state-law claims with prejudice. We agree. In Till v. Unifirst Federal Savings and Loan Ass’n, 653 F.2d 152 (5th Cir.1981), the plaintiffs had sued in state court, alleging both state-law fraud and negligence claims and a private right of action under the National Flood Insurance Program, 42 U.S.C. §§ 4012a(b), 4104a. The defendants removed. The district court granted summary judgment for defendants on the federal claims, and then dismissed the entire complaint, finding the state-law claims dependent on the existence of a federal right. This court affirmed the dismissal of the federal claims, but held that the validity of the state-law claims was a matter of state law best determinable by the state courts. 653 F.2d at 161. Stating that because the “case was originally filed in state court, it would be unreasonable to dismiss without prejudice and require appellants to file anew in state court,” we ordered the state-law claims remanded to state court. Id. at 162; accord, Fox v. Custis, 712 F.2d 84, 89-90 & n. 4 (4th Cir.1983); Hofbauer v. Northwestern National Bank, 700 F.2d 1197, 1201 (8th Cir.1983); Sanna v. Friendly Service Stations, Inc., 593 F.Supp. 493, 500 (D.Conn.1983). Remand is particularly appropriate here because the state-law claims were never argued to the district court.

We affirm the dismissal of plaintiffs’ federal claims, vacate the dismissal of their state-law claims, and remand with instructions to remand the matter to the Texas state court.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.