photo by: AP Photo/Ben McKeown

Kansas's Melvin Council Jr. (14) attempts a three-pointer over North Carolina State's Quadir Copeland during the second half of an NCAA college basketball game in Raleigh, N.C., Saturday, Dec. 13, 2025.

Recent Kansas guard Melvin Council Jr. dismissed his own eligibility lawsuit against the NCAA in Douglas County on Friday afternoon.

However, agent Brian Jungreis of Seros Partners, which represents Council, told the Journal-World on Monday morning that Council will refile a lawsuit in his home state of New York.

The notice of dismissal was apparently uploaded to the Douglas County online court system on Monday. It notes that Council is dismissing the lawsuit — which also named KU and NCAA Division I Cabinet chair Josh Whitman as defendants — without prejudice, which allows him to potentially refile.

The Journal-World has reached out to Council’s lawyers for comment, as well as the NCAA’s. KU Athletics had no comment.

Council had been slated for a hearing on his motion for a temporary injunction in Chief Judge Mark Simpson’s court on Friday morning. That has been canceled, the court confirmed. The NCAA had already submitted witness and exhibit lists. However, Council’s lawyer Mark Oberstaedt had said at a recent status conference that he intended to file a reply to the NCAA’s latest arguments by Aug. 28. No such document appeared in the online court system.

Council, who previously played two years at a junior college in New York and three years at various Division I institutions — the third, at KU, based on a blanket waiver issued to former JUCO athletes — is seeking an additional year of eligibility based on the premise that his years spent at the JUCO level should not count at all.

In Douglas County, Council argued that the NCAA was breaching a contract with its member institutions, of which he was a third-party beneficiary, as well as interfering with his business relationships, by preventing him from playing a fourth NCAA season. He also stated that he had no choice but to enroll in junior college out of high school because he was facing pending first- and third-degree rape and first-degree sexual abuse charges that were later dismissed.

The NCAA has argued that student-athletes are not beneficiaries of its bylaws, that its eligibility rules should not be subject to judicial review and that Council should not be eligible based on — it claims — hiring an agent, signing a contract and playing in the NBA Summer League for the New Orleans Pelicans.

The NCAA had also argued that Kansas law prevented it from being sued at all unless it was alongside one of its members. Council had then amended his petition on Wednesday to add KU as a defendant.

This story will be updated.