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ELECTRONICALLY FILED
1/29/2019 11:28 AM
55-CV-2019-000002.00
CIRCUIT COURT OF
PIKE COUNTY, ALABAMA
JAMIE NEELEY SCARBROUGH, CLERK
IN THE CIRCUIT COURT OF PIKE COUNTY ALABMA
PLAINTIFF,
CV: 2019-000002
vs.
DEFENDANTS.
______________________________________________________________________________
COMES NOW the above referenced Plaintiff, by and through undersigned counsel, and
in seeking Declaratory and Injunctive Relief do amend the original Complaint to include the
following additional paragraphs, in addition to paragraphs 1 – 41 of the original Complaint
which the Plaintiff adopts in whole as if set forth completely herein, to: (1) add Charles
Henderson High School as a party defendant, (2) affirmatively give notice of the challenge to the
precedent providing the AHSAA a heightened degree of judicial deference and standard of
review of AHSAA decisions and, (3) include Alabama State Constitution claims:
1-41. Paragraphs 1-41 of the original complaint are adopted as if fully set forth herein.
42. Charles Henderson High School (CHHS) is a public high school located in Troy,
Alabama. CHHS is a member of the AHSAA. Maori Davenport is a student-athlete at CHHS.
The AHSAA uses CHHS and other state entities as a proxy to enforce its rules.
STATE ACTOR ALLEGATION
43. The AHSAA is a state actor for purposes of the Due Process and Equal Protection clauses
of the Alabama Constitution. The plaintiff is affirmatively challenging any precedent that the
defendants are entitled to heightened judicial deference or judicial restraint.
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54. The Alabama Constitution guarantee all citizens equal protection of the laws.
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55. Defendants have failed to treat the Plaintiff in a manner similar to other students. In fact
the AHSAA treats student-athletes different than any other student involved in any other high
school activity. Only student athletes are prevented from receiving money related to their
student involvement or extra curricular activity.
56. A high school band member can profit from paid musical performances or by giving
lessons. A student can be a paid tutor. A high school drama club member can be a paid actor.
All students would be allowed to receive a lost wage payment. The distinctions are arbitrary and
capricious and were not the least restrictive means to achieve a compelling governmental
interest. Instead, the Defendants have created two classes of persons without a compelling basis
for distinction. Accordingly, Defendants have denied the Plaintiff equal protection in violation of
the Alabama Constitution.
57. Alternatively, the distinctions created by the Defendants are arbitrary and capricious and
have no rational relationship to any legitimate governmental purpose. Instead, the Defendants
have created two classes of persons without a rational basis for distinction.
58. In their actions toward the Plaintiff, the Defendants have acted willfully, intentionally,
and with callous and reckless indifference to plaintiffs’ rights under the Alabama Constitution.
WHEREFORE, the plaintiff prays this Court will grant the following relief:
A. A declaratory judgment that Saverese and/or the AHSAA’s ruling against Maori
Davenport is invalid; that any ruling by Savarese and/or the AHSAA is or may be
ineligible to participate in the sport of basketball for the 2018-19 season is
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invalid; that any ruling by Savarese and/or the AHSAA against Maori Davenport
is or will be contrary to the AHSAA’s rules and regular practices; and that any
ruling by Saverese and/or the AHSAA against Maori Davenport is or will be
arbitrary, based on collusion, and/or the product of fraud;
D. An expedited hearing due to the fact that the regular season is finite, and that post-
season play in the sport of basketball begins in February of this year;
/s/GRADY A. REEVES
Grady A. Reeves (REE 042)
OF COUNSEL:
CERTIFICATE OF SERVICE
I hereby certify the foregoing was filed with the Pike County Circuit Court on January
29th and that the filing will be served on the defendants at 7325 Halcyon Summit Dr.,
Montgomery, AL 36124 or by AlaCourt electronic filing.