RJ Godfrey's attorneys sue UA, Regents for not certifying him under NCAA bylaws

Instead of filing another lawsuit against the NCAA, Ryan Downton of the Texas Trial Group and Tucson attorney Ali Farhang filed a complaint that the Board of Regents, on behalf of UA, failed to certify Godfrey as eligible under NCAA rules as they are written.

If successful, the lawsuit could actually provide relief to both Godfrey and the school, since the NCAA could not penalize UA retroactively for following a court order even if it is later overturned.

"Oh this is FASCINATING," posted Boise State law professor Sam Erhlich, who has been closely following five-for-five lawsuits, saying UA wants to be ordered to roster Godfrey. "This could be brilliant."

Godfrey initially won a court order in August to gain eligibility as a plaintiff in Georgia's five-for-five lawsuit against the NCAA, but he was not cleared by UA to play in exhibition games that month in Lithuania in part because there was no language in the court order saying the NCAA could not later penalize schools if the order was overturned.

The latest legal move on behalf of Godfrey comes after his efforts to gain eligibility via five-for-five lawsuits against the NCAA in Georgia and Texas have stalled. Godfrey's Pima County complaint noted that NCAA Bylaw 12.6 allows athletes to play five years beginning on their high school graduation or 19th birthday and that Godfrey is a 2022 graduate entering his fifth season.

Godfrey's attorney wrote that UA did not certify him because of a directive from the NCAA that 2022 players were excluded from the new five-year rule, even though the rule itself does not say that.

"Under the plain text of the bylaws, he is eligible," the complaint said, saying UA must adhere to the bylaws and is therefore breaching them as a member of the NCAA. "Its agreements with Godfrey likewise require it to administer his participation in its basketball program in accordance with the Manual. By declining to certify Godfrey under terms of Bylaw 12.6, the University is breaching those obligations."

Godfrey's complaint also clarified that he is not suing the NCAA, just seeking an order requiring UA "to perform its own contractual obligations to him" as soon as possible.

"Basketball season has begun," the complaint read. "Every game Godfrey misses is a game he can never get back. He therefore seeks a temporary restraining order, a preliminary injunction and ultimately a permanent injunction and specific  performance requiring the University to certify him as eligible."

Godfrey initially did win eligibility when his Georgia five-for-five case received a preliminary injunction in August, but UA did not clear him to play in its August exhibition games in Lithuania because it was concerned the NCAA could later retroactively penalize the school.

That became a moot point in September when the Georgia Court of Appeals granted the NCAA a stay on the injunction that still stands.

Last month, Godfrey jumped from Georgia and into a Texas five-for-five case, but earlier this week he and other plaintiffs who had originally been part of lawsuits elsewhere were denied an injunction.

However, the majority of five-for-five plaintiffs around the country are eligible and have been cleared by their schools, potentially giving Godfrey's attorneys more leverage.

While hitting legal roadblocks, Godfrey has continued to practice with the Wildcats and travel with them, but he did not play in any of UA's three exhibition games at McKale Center or in the Wildcats' first two games.

Godfrey is expected to start at power forward if he is declared eligible. Without departed forwards Koa Peat and Tobe Awaka, UA coach Tommy Lloyd has played small forward Ivan Kharchenkov at the power forward spot in a somewhat smaller lineup.

The Wildcats lost 84-75 to UCLA in their season opener on Monday and beat Cal Poly 104-84 on Thursday. UA coach Tommy Lloyd said he didn't know of the lawsuit until he was told about it after Thursday's game.

"So obviously I have no comment on it because I don't know really what I'm commenting on," Lloyd said. "Secondly, I'm not pushing any buttons. I guess we'll learn more but I don't even know the ins and outs of anything."