James Raymond Stewart, Jr. v. Bibb Co. Board of Ed, No. 06-11909 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 06-11909 Non-Argument Calendar ________________________ SEPT 13, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 04-00365-CV-WDO-5 JAMES RAYMOND STEWART, JR., FRANKIE CAUSEY, GEORGE DEUHART, MARIO T. SMITH, WILL MORTON, JAMES B. ALEXANDER, JR., JEROME OWENS, JR., NATHAN JEROME HARRIS, CHRISTOPHER FLEMING, NICKALOUS GREEN, RAMONE LEWIS, ANTWAN KIRKLAND, COREY MURPHY, FRED WILLIAMS, R. W. WILLIAMS, Plaintiffs-Appellants, versus BIBB COUNTY BOARD OF EDUCATION, RAYNETTE EVANS, individually and in her capacity as Athletic Director of the Bibb County Schools, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (September 13, 2006) Before CARNES, PRYOR and HILL, Circuit Judges. PER CURIAM: Plaintiff Stewart, coach of a high school football team, and other plaintiffs, former football players on the team, bring action against the Bibb County, Georgia, Board of Education and the Athletic Director for the Bibb County Schools. Plaintiffs allege that they were damaged when the Georgia High School Association forfeited the school s games for the season having found that a residence eligibility rule had been violated by the team s including a non-county resident. The Athletic Director and Board of Education members failed to appeal the ruling. Damages were alleged to have been sustained by the loss of opportunities to participate in playoff games, loss of exposure to college recruiting coaches, etc. Defendants motion to dismiss, converted to a motion for summary judgment, was granted. Plaintiffs appeal. We have carefully reviewed the record, the briefs of the parties and the Order and Judgment of the Honorable Wilbur D. Owens, Jr., United States District Judge in Stewart v. Bibb County Bd. of Ed., No. 5:04 CV 365, 2006 WL 449197 (M.D. Ga. Feb. 23, 2006). 2 Finding no reversible error therein, the summary judgment in favor of defendants/appellees is AFFIRMED. 3
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