NC court upholds dismissal of McAdoo lawsuit

Published on NewsOK Modified: January 15, 2013 at 3:30 pm •  Published: January 15, 2013

RALEIGH, N.C. (AP) — The N.C. Court of Appeals on Tuesday upheld a lower court ruling dismissing former Tar Heel football player Michael McAdoo's lawsuit against the University of North Carolina at Chapel Hill and the NCAA.

The NCAA declared McAdoo permanently ineligible to play college football for receiving improper benefits from a prospective sports agent.

In his 2011 lawsuit, McAdoo said his right to due process was violated when he was disqualified from college athletics for a separate infraction, an NCAA ruling that he improperly benefited from a tutor's help on term papers in three courses. The university reported McAdoo to the NCAA.

The three-judge appeals panel ruled unanimously that McAdoo had no valid claim for financial damages.

"First, McAdoo has not sustained any 'injury in fact' because his scholarship was never terminated," said Appeals Judge Robert N. Hunter Jr., writing for the court. "Second, plaintiff has accomplished the goal he sought to achieve_playing in the NFL."

McAdoo is listed as a reserve linebacker for the Baltimore Ravens who played in two games this season before sustaining an injury.

Because the ruling was 3-0, McAdoo does not have the right of an automatic appeal to the N.C. Supreme Court. McAdoo can still file a petition for discretionary review by the high court, but such petitions are typically not successful.