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Kithier’s motion for injunction to be heard next week

David Goricki
The Detroit News

Thomas Kithier will know more about his basketball future next week, hoping he still has a chance to play during the second half of the season for defending Class A state champion Clarkston.

Ven Johnson and Steve Fishman, attorneys hired by Kithier’s parents, announced Friday that their motion for the preliminary injunction will be heard 2 p.m. Thursday by District Judge Marianne O. Battani at the U.S. District Court in the Theodore Levin U.S. Courthouse on West Lafayette in Detroit.

Kithier, one of the top seniors in the state who will play at Michigan State, transferred from Macomb Dakota to Clarkston, but the Michigan High School Athletic Association claimed the move was athletically motivated, and ruled him ineligible to play the entire season.

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Kithier filed a lawsuit Dec. 29, suing the MHSAA and claiming harassment by his former coach at Dakota, Paul Tocco.

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

Kithier played his first three years at Dakota, helping it reach the Breslin Center for the Class A state semifinals his sophomore year. Dakota lost to Clarkston in a regional semifinal last season.