Most Unique Eligibility Argument Yet: Navy Baseball Player Sues NCAA, Says Denial Affects Military "Readiness"
A Maryland judge is set to rule on Brock Murtha’s request for a TRO after the NCAA denied his fifth-year waiver.
We have seen eligibility lawsuits pertaining to lost revenue, or athletes coming from the professional ranks back to collegiate sports. But, I don't believe we've seen one that encompasses a Navy Midshipman being prepared for battle after his college baseball days are complete.
Once again, welcome to the new era of college athletics, where you will see plenty of interesting arguments on how the NCAA is prohibiting athletes from making the most out of their experience at the collegiate level.
This latest case, involving Navy baseball player Brock Murtha is certainly one to pay attention to, as a Maryland Judge prepares to rule from the bench on a TRO motion filed against the NCAA earlier this month.
Did you ever think the preparedness of a Naval Academy student for war would come up in an eligibility lawsuit? No, I didn't either.
Brock Murtha is scheduled to be commissioned as a Marine Corps officer this upcoming May, trading in his glove for a rifle, but he is still hoping to play for his team for the last few months of his civilian life if the court will allow.
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We got to this point after the NCAA denied his waiver for a fifth year of eligibility last spring, with the organization saying that he had exhausted all of his years after competing at Notre Dame to start his collegiate career. Before transferring to Navy, he played for the Fighting Irish during the COVID season, competing in six games for his team during the season.
According to the NCAA, since one of those games took place following the halfway point of the season, it counts towards his eligibility, kind of in the same way a redshirt season works. The problem, according to Navy athletics and the court filing, is that he was labled as a pitcher for Notre Dame, and not a backup infielder.
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The lawsuit states that the Midshipmen participated in only five games during that season, while only playing under one inning per contest. But, it was an at-bat during his sixth game for Notre Dame that was the catch-point, which came during the Fighting Irish's 20th matchup of the season.
The school, Navy, was under the impression that since Brock Murtha's participation came before an invisible cut-off date, that the NCAA would consider this in its ruling on giving him back a season of competition.
After a final denial of an eligibility waiver, Murtha decided to sue the NCAA for breach-of-contract, citing the NCAA's inconsideration of the harm it was causing him, according to Sportico.
How Has This Affected Brock Murtha Preparing For Life As A Marine?
One of, if not the most important arguments, for the Navy baseball player in his fight against the NCAA is that not being on the field with his teammates has hurt his ability to be prepared for leading his future unit during times of crisis in war.
"If the Court does not grant Plaintiff the requested injunctive relief, he will be unable to play for the Naval Academy in the 2025-2026 season. He will thus be denied his final opportunity "to practice small-unit leadership that mimics a Marine Platoon" before commissioning and becoming "responsible for the (lives) of 30 to 50 Junior enlisted Marines as their Platoon Commander"
READ THE FULL LAWSUIT BELOW
Oh, and it gets better in Murtha's attempt to persuade the presiding Judge to rule in his favor from the bench on Thursday. We have officially hit a new level of intrigue with court filings against the NCAA with the Plaintiff's further argument as to why he should be ruled eligible, for the sake of his country.
"The denial of this opportunity further extends to the loss of Plaintiff's "ability to demonstrate and refine the tactical competence required to lead by example" as well as to "build the authentic bonds that come from shared physical hardship during a game or a high-pressure practice."
Well, my goodness, if being not allowed to play college baseball is going to hurt his preparedness for battle, then the judge has to grant him the TRO. Right?
I've seen plenty of arguments made in eligibility cases over the past few years as a now bonafied legal correspondent for cases against the NCAA, but this one might take the cake.
Brock Murtha told Sportico this week that he has dedicated hours of studying NCAA litigation during his downtime while his peers were either resting or studying for life after the Academy. This, Murtha says, has played an impact on him not being at his best.
"The sleep deprivation and mental exhaustion are not merely ‘stress’—they are a direct result of the NCAA's refusal to provide a fair process, and they are actively degrading my readiness for the fleet," Murtha noted to Sportico.
If the Naval Academy screwed up his waiver paperwork, I feel for the young man. I also think that it does zero harm to the NCAA to grant him a waiver if he only participated in six games while at Notre Dame.
But, I can honestly say that I've never seen this type of argument made regarding an eligibility case against the NCAA, and you will probably never see another one like it.
We will see if a Maryland Judge is swayed enough on Thursday to declare him eligible for the ongoing season.