Michigan files for temporary restraining order against Big Ten's suspension of Jim Harbaugh
The University of Michigan has filed for a temporary restraining order against the Big Ten's decision to suspend football coach Jim Harbaugh for the program's sign-stealing scheme, a source close to the situation told the Free Press on Friday night.
It is not clear which court, federal, state or local, U-M is seeking the order from. The Wolverines, No. 2 on the nation, take on fellow Big Ten power No. 10 Penn State at noon Saturday in Happy Valley.
The Big Ten announced it was suspending Harbaugh for the remainder of the regular season after concluding it broke the conference's sportsmanship policy after having a years-long operation of in-person scouting of future opponents, a violation of NCAA rules.
If granted, the filing would prevent Harbaugh’s suspension from taking effect until a court can decide the merits of the case. Michigan is pushing for the NCAA investigation to run the full course to prevent any disruption from its undefeated season on the field.
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The restraining order could allow for U-M to be granted a preliminary injunction, is a temporary measure that preserves the status quo — in this scenario, the investigation — until a court can decide the merits of the case. Injunctions often ask the courts to prevent an opposing party from taking specific action — suspending Harbaugh early — or continuing on a current course of action.
Preliminary injunctions require a high burden of proof showing the client will suffer irreparable harm if the specific action by one party is causing damages which cannot be solved with monetary damages or an eventual settling of the case.
Michigan is arguing their case meets the second burden of proof by saying the suspension was premature and the Big Ten should not have rushed to judgment before the NCAA investigation is complete.
Michigan will have to wait until Monday to file the motion for an injunction in court. But they could be granted an ex parte hearing with a judge for the restraining order.
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An ex parte motion is a way to petition the court without having to notify or serve the other parties involved in your case during an urgent situation. If granted, it would temporarily suspend the Big Ten’s actions until both sides can argue their sides in front of a judge, meaning Harbaugh would be clear to coach this weekend.
This article originally appeared on Detroit Free Press: Michigan seeks temporary restraining order against Big Ten suspension
