Jackson v. Drake University

778 F. Supp. 1490 (1991)

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Jackson v. Drake University

United States District Court for the Southern District of Iowa
778 F. Supp. 1490 (1991)

Facts

Terrell Jackson (plaintiff) was recruited to play basketball at Drake University (Drake), a private university in Iowa. Jackson was recruited by the new head basketball coach, Tom Abatemarco. Abatemarco told Jackson that Jackson would have the opportunity to receive an excellent education while playing basketball at Drake and that Jackson would be provided support to help him succeed academically. Jackson signed a written financial-aid agreement with Drake. While enrolled at Drake, Jackson was provided a tutor for his classes, but Jackson was forced to miss tutoring sessions to attend basketball practice. Jackson alleged that the basketball team staff prepared term papers for Jackson to turn in to his professors and recommended that Jackson enroll in easy courses so he would remain academically eligible to play basketball. Jackson refused and enrolled in the courses necessary to obtain a degree. Jackson alleged that he was singled out by Abatemarco in basketball practices, forced to run extra laps, and called derogatory names. Jackson filed a lawsuit against Drake, alleging breach of contract, negligence, negligent misrepresentation, and civil-rights violations. Drake fulfilled all of the university’s obligations under the written financial-aid agreements. Drake filed a motion for summary judgment on all claims.

Rule of Law

Issue

Holding and Reasoning (Vietor, C.J.)

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