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Civil Rights
Deprivation of Rights
Equal Protection Clause, Education Code

Dalton Dyer, by and through his Guardian ad Litem, Murlene Spinks v. California Interscholastic Federation, California Interscholastic Federation, Sac-Joaquin Section

Published: Jan. 31, 2009 | Result Date: Nov. 24, 2008 | Filing Date: Jan. 1, 1900 |

Case number: RG08421517 Bench Decision –  Liability only

Court

Alameda Superior


Attorneys

Plaintiff

Bryn L. Martyna

Leecia Welch
(National Center for Youth Law)


Defendant

J. Scott Donald

Diane O. Marshall-Freeman


Facts

In July 2008, plaintiff Dalton Dyer, 16-years-old, was in foster care when he was moved to Auburn, California. Dyer was enrolled in Placer High School (PHS) and wanted to play football for the varsity team. After the PHS athletic director reviewed defendant California Interscholastic Federation's (CIF) rules for change of residence affecting the eligibility of players, Dyer was determined to be eligible.

On Oct. 22, 2008, CIF informed PHS that Dyer was ineligible to play, as the proper paperwork was not submitted to demonstrate that the change of residence was proper and not simply a recruiting tool. On Oct. 23, PHS submitted the required documents and Dyer was approved for participation in interscholastic sports. CIF later determined that Dyer had played some games while ineligible, which would require that PHS forfeit those games. The potential forfeiture would reduce PHS' win record, thereby making them ineligible for the playoffs. The CIF Appeals Board upheld the CIF decision.

Dyer filed suit against CIF for violations of California's Welfare and Institutions Code, Education Code, and Equal Protection Clause.

Contentions

PLAINTIFF'S CONTENTIONS:
Dyer contended that he was treated unequally as a foster child as the procedural hurdles required of him to prove eligibility were not required of children who lived with their parents. Dyer argued that the unequal treatment violated numerous provisions of California's Welfare and Institution and Education Codes, as well as California's Equal Protection Clause.

DEFENDANT'S CONTENTIONS:
CIF contended that the court lacked jurisdiction to hear the case and Dyer did not have standing to seek the relief requested. CIF argued that their by-laws did not violate state law.

Damages

Dyer sought to have the bylaws changed and his team included in the playoffs.

Result

The court found that the CIF bylaws violated provisions of the Education Code, Welfare and Institutions Code, and the California's Equal Protection Clause. The game forfeitures were overturned and PHS was entered in the playoffs.

Other Information

PHS advanced in the San Joaquin Section Division IV tournament but was ultimately defeated by Whitney High School in the finals.


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