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Judge Frees Indiana's Stephen Daley and Kellan Wyatt, Cole Hutson Wins Again: College Football's Eligibility War Moves to County Courthouses
Judge Frees Indiana's Stephen Daley and Kellan Wyatt, Cole Hutson Wins Again: College Football's Eligibility War Moves to County Courthouses
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CFB Team
September 23, 2026
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The NCAA spent the summer trying to settle eligibility with one clean rule. On Wednesday, a county judge in Bloomington, Indiana, wrote 37 pages saying the NCAA couldn't hold to its own promises.
Monroe Circuit Court Judge Kara Krothe granted a preliminary injunction that makes Indiana defensive linemen Stephen Daley and Kellan Wyatt, and a group of 97 plaintiffs in all, eligible to compete until trial. The same day, in Austin, State District Judge Maria Cantu Hexel ruled for Texas offensive lineman Cole Hutson again, putting his fifth season back in play. One day earlier in Corvallis, an Oregon judge did the same for two Oregon State players.
That's three courtrooms in two days, all ruling against the NCAA. The eligibility fight isn't one federal case anymore. It's spread across state courts all over the country.
What Judge Krothe actually said
The Indiana ruling is the one that should worry the NCAA most, because of how it reasons. Krothe didn't just find a technicality. She found the players eligible under two separate theories.
"Under the plain terms of the 2026-27 NCAA Manual, they are eligible to compete, and the NCAA is breaching its contractual obligations by denying them that opportunity," she wrote. The Indiana Daily Student reports she also found them eligible under the old manual. "In short, all athletes are granted five years of eligibility under both the Old Manual and the New Manual," the injunction states.
The sharpest part is about trust. According to the IDS, Krothe found the NCAA "misled" the plaintiffs with an October 2025 memo saying it wouldn't adopt a five-for-five model "anytime soon" and that eligibility rules wouldn't change for 2025-26 or 2026-27. The plaintiffs made career decisions based on that memo. Then the NCAA announced in June that it was adopting five-for-five, and said the new model wouldn't cover the freshman class of 2022-23.
Krothe also dismissed the idea that the NCAA would suffer. "Harm to the NCAA by virtue of this injunction is minimal or nonexistent," she wrote, pointing out that the organization routinely grants five-year waivers, sometimes to hundreds or thousands of athletes at once, while this order covers fewer than 100. And she explained plainly why she wasn't waiting for a trial: "College sports seasons are time-limited opportunities. Once lost, they cannot be restored, even if plaintiffs later prevail on the merits."
Indiana gets two starters back, just in time
For Indiana, the ruling is about more than legal principle. Daley and Wyatt started on last season's national championship team and missed the playoff run with injuries. Daley ranked third in the FBS with 19 tackles for loss in 2025 and hurt his knee celebrating the 13-10 Big Ten title game win over Ohio State. He missed all three CFP games. Wyatt had eight tackles for loss and 2.5 sacks before a knee injury against Michigan State, and he has 35 career starts. Neither was drafted in April, and neither signed an NFL contract.
A temporary restraining order let them play in the first two games of the season. It expired Sept. 14, the ruling didn't come before Saturday, and both sat out Indiana's 38-0 win over Western Kentucky. Curt Cignetti was open about what they're worth. "It sure will help if we have Wyatt and Daley," he said after that game.
Now they're back for Friday night's Big Ten opener against Northwestern. The No. 5 Hoosiers are 3-0, coming off their first back-to-back shutouts since 1993, and playing for a 20th straight win. Adding two veteran edge rushers to that defense is a big boost. The NCAA is expected to appeal, but the ruling stands for now.
The plaintiff list goes well beyond football. It includes Indiana basketball player Sam Alexis, volleyball's Avry Tatum, swimmers Owen McDonald and Zalán Sárkány, and Miami men's basketball player Malik Reneau. The ruling itself notes that basketball practice started Sept. 21. This isn't just a football story.
Cole Hutson, the SEC and a different kind of test
Hutson's case is messier, which fits the rest of 2026. He played 48 games for Texas with 23 starts across three positions, used up his eligibility last fall, and went undrafted. He took part in rookie minicamps with the Cleveland Browns and Dallas Cowboys but never signed a contract. After a federal judge in Colorado sided with the 2022 class this summer, he reached a deal with the NCAA for one more year. Then the ground shifted: the 10th Circuit stayed that federal ruling on Aug. 21, and by Sept. 7 Steve Sarkisian was telling reporters Hutson was "technically" ineligible because of a separate NCAA issue.
Wednesday's ruling from Judge Cantu Hexel re-grants his temporary injunction. But there's also the SEC. In August the league's presidents voted 16-0 to bar athletes who declared for a draft without withdrawing, signed a professional contract, or appeared on a pro roster. By Longhorns Wire's reading, Hutson doesn't fit any of the three. Texas has been cautious anyway, with Sarkisian saying the school is respecting the SEC's decision, so his status for Saturday's SEC opener at Tennessee is still unclear.
The contrast with LSU is obvious. Lane Kiffin tried to add two former NFL players and ended up in a standoff with the SEC that included talk of expulsion, before LSU backed down. Hutson is a different case. He was a tryout player, not a signed pro, which is exactly the argument Sarkisian has been making. Courts keep agreeing.
The NCAA is losing this piecemeal
On Tuesday, Benton County Circuit Judge Matthew Donahue granted Oregon State center Van Wells and defensive back Jaheim Patterson a preliminary injunction on breach-of-contract grounds. Both are 2022 high school graduates who fell into the gap: too late for the COVID extra year, too early for five-for-five. Wells has started every game at center.
Put these rulings together and the pattern is hard to miss. The NCAA wanted one national rule. What it's getting is county-by-county rulings, one judge and one roster at a time, that mostly go against it. It can win on appeal in one place and still lose three more cases the same week. Every loss makes it harder to argue that the rules are clear and applied evenly.
The Senate has advanced the Protect College Sports Act toward a national framework, and the NCAA will keep appealing. For this week, though, Indiana has two starters back on the defensive line, Texas has a lineman waiting on the SEC, and a judge in Bloomington has put in writing that the NCAA misled athletes. That finding will likely come up again in other courtrooms.
The NCAA spent the summer trying to settle eligibility with one clean rule. On Wednesday, a county judge in Bloomington, Indiana, wrote 37 pages saying the NCAA couldn't hold to its own promises.
Monroe Circuit Court Judge Kara Krothe granted a preliminary injunction that makes Indiana defensive linemen Stephen Daley and Kellan Wyatt, and a group of 97 plaintiffs in all, eligible to compete until trial. The same day, in Austin, State District Judge Maria Cantu Hexel ruled for Texas offensive lineman Cole Hutson again, putting his fifth season back in play. One day earlier in Corvallis, an Oregon judge did the same for two Oregon State players.
That's three courtrooms in two days, all ruling against the NCAA. The eligibility fight isn't one federal case anymore. It's spread across state courts all over the country.
What Judge Krothe actually said
The Indiana ruling is the one that should worry the NCAA most, because of how it reasons. Krothe didn't just find a technicality. She found the players eligible under two separate theories.
"Under the plain terms of the 2026-27 NCAA Manual, they are eligible to compete, and the NCAA is breaching its contractual obligations by denying them that opportunity," she wrote. The Indiana Daily Student reports she also found them eligible under the old manual. "In short, all athletes are granted five years of eligibility under both the Old Manual and the New Manual," the injunction states.
The sharpest part is about trust. According to the IDS, Krothe found the NCAA "misled" the plaintiffs with an October 2025 memo saying it wouldn't adopt a five-for-five model "anytime soon" and that eligibility rules wouldn't change for 2025-26 or 2026-27. The plaintiffs made career decisions based on that memo. Then the NCAA announced in June that it was adopting five-for-five, and said the new model wouldn't cover the freshman class of 2022-23.
Krothe also dismissed the idea that the NCAA would suffer. "Harm to the NCAA by virtue of this injunction is minimal or nonexistent," she wrote, pointing out that the organization routinely grants five-year waivers, sometimes to hundreds or thousands of athletes at once, while this order covers fewer than 100. And she explained plainly why she wasn't waiting for a trial: "College sports seasons are time-limited opportunities. Once lost, they cannot be restored, even if plaintiffs later prevail on the merits."
Indiana gets two starters back, just in time
For Indiana, the ruling is about more than legal principle. Daley and Wyatt started on last season's national championship team and missed the playoff run with injuries. Daley ranked third in the FBS with 19 tackles for loss in 2025 and hurt his knee celebrating the 13-10 Big Ten title game win over Ohio State. He missed all three CFP games. Wyatt had eight tackles for loss and 2.5 sacks before a knee injury against Michigan State, and he has 35 career starts. Neither was drafted in April, and neither signed an NFL contract.
A temporary restraining order let them play in the first two games of the season. It expired Sept. 14, the ruling didn't come before Saturday, and both sat out Indiana's 38-0 win over Western Kentucky. Curt Cignetti was open about what they're worth. "It sure will help if we have Wyatt and Daley," he said after that game.
Now they're back for Friday night's Big Ten opener against Northwestern. The No. 5 Hoosiers are 3-0, coming off their first back-to-back shutouts since 1993, and playing for a 20th straight win. Adding two veteran edge rushers to that defense is a big boost. The NCAA is expected to appeal, but the ruling stands for now.
The plaintiff list goes well beyond football. It includes Indiana basketball player Sam Alexis, volleyball's Avry Tatum, swimmers Owen McDonald and Zalán Sárkány, and Miami men's basketball player Malik Reneau. The ruling itself notes that basketball practice started Sept. 21. This isn't just a football story.
Cole Hutson, the SEC and a different kind of test
Hutson's case is messier, which fits the rest of 2026. He played 48 games for Texas with 23 starts across three positions, used up his eligibility last fall, and went undrafted. He took part in rookie minicamps with the Cleveland Browns and Dallas Cowboys but never signed a contract. After a federal judge in Colorado sided with the 2022 class this summer, he reached a deal with the NCAA for one more year. Then the ground shifted: the 10th Circuit stayed that federal ruling on Aug. 21, and by Sept. 7 Steve Sarkisian was telling reporters Hutson was "technically" ineligible because of a separate NCAA issue.
Wednesday's ruling from Judge Cantu Hexel re-grants his temporary injunction. But there's also the SEC. In August the league's presidents voted 16-0 to bar athletes who declared for a draft without withdrawing, signed a professional contract, or appeared on a pro roster. By Longhorns Wire's reading, Hutson doesn't fit any of the three. Texas has been cautious anyway, with Sarkisian saying the school is respecting the SEC's decision, so his status for Saturday's SEC opener at Tennessee is still unclear.
The contrast with LSU is obvious. Lane Kiffin tried to add two former NFL players and ended up in a standoff with the SEC that included talk of expulsion, before LSU backed down. Hutson is a different case. He was a tryout player, not a signed pro, which is exactly the argument Sarkisian has been making. Courts keep agreeing.
The NCAA is losing this piecemeal
On Tuesday, Benton County Circuit Judge Matthew Donahue granted Oregon State center Van Wells and defensive back Jaheim Patterson a preliminary injunction on breach-of-contract grounds. Both are 2022 high school graduates who fell into the gap: too late for the COVID extra year, too early for five-for-five. Wells has started every game at center.
Put these rulings together and the pattern is hard to miss. The NCAA wanted one national rule. What it's getting is county-by-county rulings, one judge and one roster at a time, that mostly go against it. It can win on appeal in one place and still lose three more cases the same week. Every loss makes it harder to argue that the rules are clear and applied evenly.
The Senate has advanced the Protect College Sports Act toward a national framework, and the NCAA will keep appealing. For this week, though, Indiana has two starters back on the defensive line, Texas has a lineman waiting on the SEC, and a judge in Bloomington has put in writing that the NCAA misled athletes. That finding will likely come up again in other courtrooms.
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