Story by
Albuquerque Journal, N.M.
Judge delays ruling on UNM DE Karhu, CB Levells
- Story byAlbuquerque Journal, N.M.
- Judge delays ruling on UNM DE Karhu, CB Levells
If New Mexico is on a bye this week, Brett Karhu and Azariah Levells will still have to play the waiting game.
A New Mexico district judge declined to make a ruling on the Lobos' consolidated motion for a temporary and preliminary injunction, one that would allow them to likely finish out the rest of the season with UNM.
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The pair of fifth-year seniors were previously granted temporary restraining orders preventing the NCAA from ruling them ineligible. Both Karhu and Levells sued the organization after it moved to an age-based eligibility model in June, one that denied them an additional year to play.
Their lawsuits were consolidated on Sept. 11. Judge Joshua A. Allison of the 2nd Judicial District Court heard oral arguments from the NCAA and Karhu and Levells' counsel Wednesday.
Judge Allison said a ruling will be made no earlier than Tuesday.
Along with dozens of other athletes, Karhu and Levells filed separate lawsuits against the NCAA over the summer after the organization implemented the "five-for-five" rule. The policy allows athletes five years to play five seasons starting with their full-time enrollment or the season after their 19th birthday, whichever comes first.
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Karhu and Levells both contended that by adopting its new eligibility model, the NCAA breached the "covenant of good faith" and its promises of "fairness and equity" by denying them a fifth year of eligibility. Neither objected to the policy itself, but only its application.
"(Karhu) challenges the NCAA's application of the (four-in-five) rule that afforded football players to compete against him in college," from the high school classes of 2017-20 and 2023-25 and 2025, "an additional year of competition while denying plaintiffs the same opportunity,"
"The NCAA then compounded the problem by allowing former professional players to compete in their fifth year following high school graduation regardless of the number of professional games they had played, while denying Mr. Karhu the same opportunity to use the NCAA's amended (five-for-five) competition system."
The two were able to practice with UNM at the start of fall camp after a federal judge in Colorado granted a class-wide preliminary injunction that allotted a fifth year to previously ineligible athletes. When the injunction was stayed, Karhu secured a TRO through the 2nd Judicial District Court on Aug. 27; Levells secured an expedited TRO on Sept. 1 without giving the NCAA a chance to respond to his motion.
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In five games with UNM (4-1, 1-0), Karhu has made a team-high four sacks and forced two fumbles in five games this season. Levells has primarily played on special teams and as a defensive reserve for the Lobos.
Sean Reider covers college football and other sports for the Journal. You can reach him at sreider@abqjournal.com or via X at @lenaweereider.
