Juston Johnson, a high school athlete at West Seneca West who appealed to the court for reinstatement back onto the basketball court, was denied so by a State Supreme Court judge.

Johnson, one of Western New York's top basketball talents, sought another year of eligibility and had the full support of his Indians teammates.

At issue: Johnson played junior varsity basketball at West as a 7th grader, which began his six consecutive years of eligibility. He then broke his arm right before 8th grade, and because of that his parents decided to homeschool him. When he returned to the district the next year, he repeated 8th grade instead of going to 9th and returned to the court. According to Section VI, that year of homeschooling counts against his eligibility, meaning he used up his final year last season as a junior.

In dismissing the injunction, the judge said the stated reason for Johnson repeating 8th grade was due to a lack of documentation of academic performance while he was learning at home. Meanwhile, the judge stated the record was "devoid of proof that the injury caused him to repeat 8th grade." Johnson and his family contended that year should not be included because the broken arm would have prevented him from passing a fitness test to compete in JV or varsity sports.

In trying to get reinstated, Johnson was also concerned that his college career might be in jeopardy because coaches at the next level won't be able to watch him this season.