Last week, former Kansas guard Melvin Council Jr. voluntarily dismissed his lawsuit against the NCAA. Initially, this ruled out any possibility of him returning to the Jayhawks for the 2026-27 season.
However, it was later revealed that Council did so so he and his legal team could refile in the state of New York, where they believe he has a better chance of prevailing. Part of the NCAA’s argument against Council’s first injunction request was that the NCAA could not be sued under Kansas law.
The Rochester native officially announced his intentions to refile in New York today, seeking a TRO (temporary restraining order) against the NCAA and President Charlie Baker for the second time. His lawyers will appear in Monroe County court tomorrow at 11 a.m. CT.
Melvin Council Jr. has officially refiled his lawsuit in Monroe County, New York, court.
This time the lawsuit is against the NCAA and its president Charlie Baker. He is (again) seeking a temporary restraining order to become eligible this season.
More to come. pic.twitter.com/jtyq36zrw0
— Henry Greenstein (@HenryGreenstein) September 8, 2026
Council’s first lawsuit was filed in Douglas County Court in Kansas. The NCAA argues that Council forfeited his eligibility by playing in the NBA Summer League and signing an Exhibit 10 contract, though the new lawsuit says he didn’t receive any money or sign a contract to play in the summer league.
The reason Council filed the lawsuit in the first place stems from the fact that he began his Division I career two years later than most after spending a pair of seasons at a junior college. Council argues that a criminal case during his high school years, which was later dismissed, caused other schools to turn away from him and ultimately forced him to take a less traditional path to the Division I level.
Additionally, there is a notable detail in his new lawsuit that could suggest KU’s chances of landing him aren’t as certain as previously believed.
A Twist We Didn’t See Coming
In the court documents, it is written that KU has offered him a NIL contract to play for the Jayhawks if he does return for one more year. However, the Big 12 Conference has put into place a new policy prohibiting former professionals from competing in the conference, which has forced Council to keep his options open.
Council’s lawyers revealed that if he is deemed eligible by the NCAA, he could ultimately choose to attend a different program.
Mar 13, 2026; Kansas City, MO, USA; Kansas Jayhawks guard Melvin Council Jr. (14) shoots the ball over Houston Cougars guard Mercy Miller (25) during the second half at T-Mobile Center. Mandatory Credit: William Purnell-Imagn Images | IMAGN IMAGES via Reuters Connect
“In the past week, several other NCAA member institutions have informed Mr. Council that they intend to offer him a NIL contract if he were to play for them in the 2026-27 NCAA basketball season,” the court documents read.
Given how much he appeared to love his lone season in Lawrence and the respect he earned from the city, it was considered a sure thing that he would return to the Jayhawks. However, there are still factors outside of his control, and he may not even get the chance to return.
At the very least, there’s a chance that there could be a bidding war for Council if he returns to college. KU may not want to deal with the repercussions if the Big 12 rules that it did something improperly, which could result in sanctions or some other punishment from the league.
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