The ball now is in Judge Marianne O. Battani's court.

The family for benched basketball star Thomas Kithier is suing the Michigan High School Athletic Association and others, claiming he was unfairly ruled ineligible for his senior season at Clarkston High School, following a controversial transfer from Macomb Dakota.

On Tuesday, Kithier's lawyers filed an emergency motion seeking a preliminary injunction to get Kithier back on the court by Jan. 15 as the lawsuit plays out.

It's unclear when or if Battani, of the United States District Court for the Eastern District of Michigan, will rule on the preliminary-injunction request.

Kithier's lawyers, high-profile Ven Johnson and Steven Fishman, filed the lawsuit late last week, and this week officially filed sworn affidavits in support of Kithier.

One is from Clarkston superintendent Rod Rock, who claims a long-time relationship between an MHSAA official and Dakota official, led to an "unfair" decision ruling Kithier ineligible.

The other is from Kithier's mother, Jane, who insists Thomas' decision to transfer was mostly academically motivated, as Dakota didn't offer a math and media-production class that Thomas needed. Jane Kithier also details alleged harassment of Thomas by Dakota's basketball coach Paul Tocco, who has declined to comment on the allegations.

Here's the affidavit provided by Rock.

Here's the affidavit provided by Jane Kithier:

Thomas, 18, played three seasons at Dakota, before deciding this past June to transfer to Clarkston. Dakota didn't sign off on the transfer waiver and complained to the MHSAA that the move was based on athletics, given Thomas' future Michigan State teammate, Foster Loyer, also plays for defending Class A champion Clarkston.

In October, the MHSAA agreed; and in December, an appeal filed by Clarkston and the Kithiers was denied, ruling Thomas ineligible for 180 days, or his entire senior season.

The case has made big headlines throughout the state, given Thomas' profile, on the prep scene and as a future Michigan State basketball player.

As of Tuesday night, lawyers for the MHSAA and Chippewa Valley Schools, the district under which Dakota falls, had not responded to the lawsuit filed by Johnson and Fishman. Chippewa Valley has not responded to requests for comment, while the MHSAA has said it will vigorously defend its rules at the request of its 700-plus member high schools.


MHSAA declares Michigan State recruit, Clarkston star Kithier ineligible

Dakota defends itself in handling of Kithier transfer situation

Kithiers line up lawyers, plan lawsuit against MHSAA

Kithiers seek Jan. 15 return; money not a priority

Kithier sues MHSAA, claims harassment by ex-coach

Kithier's lawyers file emergency motion to play while lawsuit plays out