Barring an approved appeal akin to sinking a half-court buzzer beater, it looks like Sable Winfree’s lawsuit against the Warren County school system and members of the WCHS staff will be an airball. 

United States District Judge Travis McDonough granted a motion for judgment in favor of the defense in the Winfree v. Warren County School District lawsuit filed in April. Winfree’s representation had sought $750,000 in damages, arguing the school, former Lady Pioneer Coach Mendy Stotts, WCHS Principal Chris Hobbs and Director of Schools Dr. Grant Swallows (all named in the suit) violated her due process and defamed her during the time when she was removed from the WCHS girls basketball team. 

In the memorandum opinion released by Judge McDonough on July 29, both claims were dismissed.

“Plaintiff’s due process claim is dismissed with prejudice and plaintiff’s defamation claim is dismissed without prejudice,” read the conclusion of the memorandum. “Because no claims remain against any defendant in this matter, the case will be dismissed.”

A dismissal with prejudice will restrict the due process claim from being refiled. The judgment order also directed the court clerk to close the case, so ordered by Judge McDonough.

Winfree’s legal counsel, Michael Galligan, still firmly believes his client was harmed during the process.

“I knew from the beginning, from a legal precedent, it would be difficult. (Previous) cases had led to a theory Sable could win this, but the judge didn’t agree with it,” said Galligan. “I thought it should be brought and still think that – Sable was treated unfairly. Results of the school’s decision in this made for a horrendous season for the girls basketball team and harmed a student.

“Our effort was to make that right, but I realize the courts are reluctant to get into school matters or a school’s decisions. Sable is a fine young lady and I think in the future she will prove how great of a citizen she is. She’s a fine basketball player as well.”

Winfree was dismissed from the Lady Pioneer basketball team last November, just days after she played the final quarter of the team’s first game. Winfree was a three-time all-district honoree for the Lady Pioneers before her dismissal, which kept her from competing her senior season.

Galligan filed a complaint in April alleging his client’s fifth and 14th amendment rights were deprived. The complaint said, “It was made very clear by statements of the school principal, Chris Hobbs, that it was not a hearing for due process purposes. Therefore, Ms. Winfree was not afforded the opportunity to present her side of the story or call witnesses on her behalf.”

In Judge McDonough’s analysis of the due process claim, legal precedent was with the defense. 

From the memorandum, “In order to establish a due process claim, a plaintiff must show that she has ‘been deprived of a life, liberty or property interest.’ ...Here, there is no need to engage in a rigorous analysis because the Sixth Circuit has repeatedly held that ‘(a student) has neither a liberty nor a property interest in interscholastic athletics subject to due process protection.’”

Furthermore, the memorandum quoted past legal cases in Tennessee where it was noted, “The students did not have a ‘legally recognized right to participate in high school athletics. The right to participate was a mere privilege.’”

In the background presented in the memo, Winfree’s offer of a scholarship from Trevecca – which was ultimately rescinded after her dismissal - was noted. It didn’t seem to hold much sway, according to Judge McDonough’s memorandum.

“Courts have held that the due process analysis is no different when a student has an athletic scholarship … Courts that have assumed that a scholarship could constitute a property interest have noted that the mere offer of a scholarship is not enough,” read the memo.

The Standard reached out to Dr. Swallows and Stotts for comment on the situation. According to Dr. Swallows, “The school system cannot comment on this litigation at this time,” and messages sent to Stotts were unreturned at the time of print. 

Galligan noted there won’t be an appeal to the Sixth Circuit, but he did note they are “still considering” options to pursue the defamation suit. 

Before the original complaint was filed, WCHS had already made the decision to not retain Stotts as a coach this season. She coached just one season at Warren County and is no longer employed with the school system. Winfree has plans to enroll in college this fall.