Former OU baseball player Dayton Tockey and seven other athletes from various schools were granted a temporary restraining order Thursday afternoon at the Cleveland County Courthouse in a case seeking a fifth year of eligibility.
3:50 p.m. — The OU Daily has reached out to the spokesperson for OU football, Mike Houck, for comment and has yet to hear back.
3:23 p.m. on Thursday, Sept. 3 — Cleveland County District Judge Thad Balkman granted a temporary restraining order to former OU baseball player Dayton Tockey and OU football transfer Danny Saili, along with six football players from various schools.
Courtroom scenes
Four hours before the OU football roster locks for the season, members of the press outnumbered the judge and a lone attorney at the front of the courtroom, awaiting a decision that would determine seven players’ eligibility.
Due to the tight schedule, NCAA’s counsel was included over a muffled landline phone call after a struggle to get the right representative on the line.
Jacob Diesselhorst, a graduate of OU Law and an attorney specializing in birth injury and birth trauma, was representing seven athletes in an eligibility fight. Transparent in his fan status, he wore an untucked OU-branded polo shirt. Across from him sat Judge Thad Balkman, also an OU Law graduate.
Cleveland County District Judge Thad Balkman and Attorney Jacob Disselhorst at an emergency hearing regarding Dayton Tockey and other athletes from various schools on Sept. 3, 2026.
In his four-minute introduction, Diesselhorst explained the details of the recent NCAA ruling, and listed the names of the players he was representing, giving special emphasis to former OU baseball player Dayton Tockey and transfer football player Danny Saili.
“…The remainder of these athletes listed are OU football athletes who have a roster spot available to them in the event that the court grants this temporary restraining order now,” Diesselhorst said.
NCAA’s counsel, who gave a muffled argument over the phone, could not be heard by OU Daily reporters in the courtroom.
Diesselhorst said the NCAA was “arbitrary and capricious” for not including the class of 2022 in the new eligibility exception rule.
“Why would those athletes not have been grandfathered in and gotten five years?” Diesselhorst said. “If that would have been what the NCAA did, there wouldn’t be a single lawsuit that would be filed all over the country like they are right now.”
Judge Balkman granted the temporary restraining order to the seven student-athletes, adding that if he did not give the order, the opportunity to play another year would be gone forever.
“If (Saili) is not placed on the 2026 roster today, he’s missed that opportunity forever,” Balkman said. “There is no going back, and if the defendant is successful at a hearing on the merits, and I deny the permanent injunctive relief, you know he would be presumably ineligible, but at least he has had that opportunity.”
OU athletes, others file case for eligibility
Former OU baseball player Dayton Tockey and OU football transfer Danny Saili, along with six football players from various schools, filed a civil relief case against the NCAA seeking a fifth year of eligibility. An emergency hearing was held at the Cleveland County Courthouse to consider a motion for a temporary restraining order and preliminary injunction, which would allow the athletes to play in the 2026-27 season.
OU’s football season starts Friday with the opening game against UTEP.
Players
Junior infielder Dayton Tockey during the game against Oral Roberts on April 22.
Brooklyn Simons/OU Daily
Dayton Tockey played two years for OU, culminating in helping the Sooners win the College World Series finals in 2026. Tockey hit a walk-off home run to eliminate No. 2 overall seed Georgia Tech in regionals, one of his six home runs in the postseason, with nine on the year. His postseason success came despite being in and out of the lineup for most of the season, only starting 34 of the Sooners’ 66 games. He made 42 starts primarily at first base in 2025, though he missed 11 games due to injury. He played at Weatherford College before OU.
Arkansas defensive lineman Danny Saili.
Courtesy of Arkansas Athletics
Danny Saili committed to OU football through the transfer portal in August. He was previously granted a fifth year of eligibility through the recent Colorado ruling by Judge Charlotte Sweeny in August, though he had been in the portal since January. Saili recorded 14 tackles at Arkansas in his previous two seasons. He played two years at Hutchinson Community College before moving to Fayetteville.
Lehigh University defensive lineman TJ Burke.
Courtesy of Lehigh University Athletics
TJ Burke is a defensive tackle. He played the last four years for Lehigh University, starting every year since 2023. He finished the 2025 season with four sacks and seven tackles-for-loss, and was named to the first team All-Patriot League the last two seasons. He intends to transfer to OU.
Wisconsin cornerback D’Yoni Hill.
Courtesy of Wisconsin Athletics
D’Yoni Hill is a cornerback who has played for Marshall, Miami, and most recently Wisconsin. He started nine games for Wisconsin in the 2025 season, logging 39 tackles. He intends to transfer to OU.
University of North Carolina defensive back Gavin Gibson.
Courtesy of University of North Carolina Athletics
Gavin Gibson is a safety who played for Maryland, East Carolina, and most recently North Carolina. He started his last two seasons, finishing 2025 with 38 tackles and three passes broken up for the Tar Heels. He intercepted three passes in his 2024 season at East Carolina. He intends to transfer to OU.
Stephen F. Austin linebacker Jaydon Southard.
Courtesy of Stephen F. Austin Athletics
Jaydon Southard is a linebacker who has played the last four seasons at Stephen F. Austin. He started in the 2025 season, making 124 tackles that included 11.5 tackles for loss and 2.5 sacks. He is considering transferring to OU.
The remaining players in this case are not currently part of OU athletics or intending to join.
Class of 2022 ruling, NCAA context
A Colorado judge ruled in July that all 2022 class athletes who exhausted their eligibility in four years are now eligible.
This followed a wave of lawsuits from class of 2022 athletes against the NCAA after the organization introduced new age-based eligibility rules. The NCAA’s rules meant five years to play five seasons based on age and college enrollment rather than varying circumstances, but athletes who had already exhausted their eligibility were not grandfathered into the ruling.
Sophie Hemker copy edited this story.