Behagen v. Amateur Basketball Ass'n of U.S.A., No. 83-1435

CourtUnited States Courts of Appeals. United States Court of Appeals (10th Circuit)
Writing for the CourtBefore BARRETT, DOYLE and SEYMOUR; SEYMOUR; BARRETT
Citation744 F.2d 731
PartiesRonald BEHAGEN, Plaintiff-Appellant, v. AMATEUR BASKETBALL ASSOCIATION OF the UNITED STATES OF AMERICA, and Federation Internationale De Basketball Amateur, and William Wall, Defendants-Appellees.
Docket NumberNo. 83-1435
Decision Date20 September 1984

Page 731

744 F.2d 731
Ronald BEHAGEN, Plaintiff-Appellant,
v.
AMATEUR BASKETBALL ASSOCIATION OF the UNITED STATES OF
AMERICA, and Federation Internationale De
Basketball Amateur, and William Wall,
Defendants-Appellees.
No. 83-1435.
United States Court of Appeals,
Tenth Circuit.
Sept. 20, 1984.

Page 732

Steven M. Schneebaum of Patton, Boggs & Blow, Washington, D.C. (Ronald H. Brown of Patton, Boggs & Blow, Washington, D.C., and William A. Palmer of Gibson, Gerdes & Palmer, Colorado Springs, Colo., with him on brief), for plaintiff-appellant.

Glen E. Keller, Jr., Denver, Colo. (John M. Roche, Denver, Colo., with him on brief) of Davis, Graham & Stubbs, Denver, Colo., for defendant-appellee Federation Internationale de Basketball Amateur.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Ronald Behagen, a basketball player, brought this suit against the Federation Internationale de Basketball Amateur (FIBA), the Amateur Basketball Association of the United States of America (ABA/USA), and ABA/USA's executive director William Wall. FIBA is the international association governing amateur basketball in its member countries, and ABA/USA is the American member of FIBA. The district court dismissed for lack of personal jurisdiction. It entered judgment under Fed.R.Civ.P. 54(b) to permit Behagen to appeal immediately. For the reasons set out below, we reverse.

Behagen played professional basketball in the National Basketball Association (NBA) from 1973 through 1979. In October 1979, Behagen accepted an offer from a team in the Italian basketball league. Although the Italian team gave Behagen a salary, transportation, and living accommodations, the league is nonetheless considered an amateur one by FIBA. The Italian league required Behagen to be qualified as an amateur, which apparently entailed receiving and ABA/USA travel permit or a FIBA license or both. 1 Behagen was reinstated as an amateur by FIBA, obtained a FIBA license, and played with the Italian league during its 1979-1980 season.

In March 1980, Behagen returned to the United States and signed a "tryout" contract with the NBA Washington Bullets for the remaining two weeks of that team's season. He played in eight games with the Bullets but was not offered a contract for the coming season. In the summer of 1980, Behagen signed another contract with the Italian team. Behagen was subsequently informed by the team that his FIBA license had been revoked because he had played for the Bullets. FIBA purportedly has a rule prohibiting reinstatement to amateur status more than once. Without this document reflecting his amateur status, Behagen was no longer eligible to play in the Italian league.

Behagen then brought this suit against ABA/USA, FIBA, and Wall for damages, injunctive relief, and a declaratory judgment. In his complaint Behagen alleges that the decision to deny his second reinstatement to amateur status was made without giving him notice or a hearing, and was contrary to the regulations and practice of ABA/USA, FIBA, or both. Behagen asserts claims for breach of contract, denial of due process, tortious interference with contract, and antitrust violations.

FIBA filed a motion under Fed.R.Civ.P. 12(b)(2) to dismiss for lack of personal jurisdiction, contending that FIBA does not have sufficient minimum contacts with Colorado to support jurisdiction under the

Page 733

state's long-arm statute. Because both Behagen and FIBA offered affidavits and other written material on this issue, the district court treated the motion as one for summary judgment and granted it.

The plaintiff bears the burden of establishing personal jurisdiction over the defendant. American Land Program, Inc. v. Bonaventura Uitgevers Maatschappij, N.V., 710 F.2d 1449, 1454 n. 2 (10th Cir.1983). Prior to trial, however, when a motion to dismiss for lack of jurisdiction is decided on the basis of affidavits and other written materials, the plaintiff need only make a prima facie showing. Id.; Brown v. Flowers Industries, Inc., 688 F.2d 328, 332 (5th Cir.1982), cert. denied, 460 U.S. 1023, 103 S.Ct. 1275, 75 L.Ed.2d 496 (1983); Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir.1981); Neiman v. Rudolf Wolff & Co., 619 F.2d 1189, 1190 (7th Cir.), cert. denied, 449 U.S. 920, 101 S.Ct. 319, 66 L.Ed.2d 148 (1980); Data Disc, Inc. v. Systems Technology Associates, Inc., 557 F.2d 1280, 1285 (9th Cir.1977). The allegations in the complaint must be taken as true to the extent they are uncontroverted by the defendant's affidavits. American Land Program, 710 F.2d at 1454. If the parties present conflicting affidavits, all factual disputes are resolved in the plaintiff's favor, and the plaintiff's prima facie showing is sufficient notwithstanding the contrary presentation by the moving party. Id. at 1454 n. 2; Marine Midland Bank, 664 F.2d at 904; Neiman, 619 F.2d at 1190.

Behagen seeks to assert in personam jurisdiction over FIBA under Colorado's long-arm statute, which permits service of process outside Colorado upon any person subject to the jurisdiction of the courts of Colorado. Colo.Rev.Stat. Secs. 13-1-124, -125 (1973). "In enacting the long-arm statute, the Colorado legislature intended to extend the jurisdiction of Colorado courts to the fullest extent permitted by the due process clause of the United States Constitution." Waterval v. District Court, 620...

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  • Res. Assocs. Grant Writing & Evaluation Servs., Inc. v. Southampton Union Free Sch. Dist., No. CIV 15-1132 JB/SCY
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • June 15, 2016
    ...affidavits are presented, factual disputes are resolved in plaintiff's favor...." Behagen v. Amateur Basketball Ass'n of U.S.A., 744 F.2d 731, 733 (10th Cir.1984). To decide the MTD, the Court takes its facts from: (i) the Complaint for Damages, filed December 14, 2015 (Doc. 1-2)("Complaint......
  • In re Chocolate Confectionary Antitrust Litigation, MDL Docket No. 1935.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • March 4, 2009
    ...motion, but must eventually establish jurisdiction by a preponderance of the evidence") (citing Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th B. Discussion A federal court entertaining a suit must possess one of two forms of personal jurisdiction over each defendant. The firs......
  • Whiting v. Hogan, No. CIV 11–0671 JB/GBW.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2012
    ...at 1221. “The plaintiff bears the burden of establishing personal jurisdiction over the defendant.” Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th Cir.1984). See Wenz v. Memery Crystal, 55 F.3d 1503, 1505 (10th Cir.1995).1. New Mexico's Long–Arm Statute. New Mexico's long-arm ......
  • Walker v. THI of New Mexico at Hobbs Ctr. , No. CIV 09–0060 JB/KBM.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 6, 2011
    ...at 1221. “The plaintiff bears the burden of establishing personal jurisdiction over the defendant.” Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th Cir.1984). See Wenz v. Memery Crystal, 55 F.3d 1503, 1505 (10th Cir.1995). “Before a federal court can assert personal jurisdictio......
  • Request a trial to view additional results
362 cases
  • Res. Assocs. Grant Writing & Evaluation Servs., Inc. v. Southampton Union Free Sch. Dist., No. CIV 15-1132 JB/SCY
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • June 15, 2016
    ...affidavits are presented, factual disputes are resolved in plaintiff's favor...." Behagen v. Amateur Basketball Ass'n of U.S.A., 744 F.2d 731, 733 (10th Cir.1984). To decide the MTD, the Court takes its facts from: (i) the Complaint for Damages, filed December 14, 2015 (Doc. 1-2)("Complaint......
  • In re Chocolate Confectionary Antitrust Litigation, MDL Docket No. 1935.
    • United States
    • United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania
    • March 4, 2009
    ...motion, but must eventually establish jurisdiction by a preponderance of the evidence") (citing Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th B. Discussion A federal court entertaining a suit must possess one of two forms of personal jurisdiction over each defendant. The firs......
  • Whiting v. Hogan, No. CIV 11–0671 JB/GBW.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • February 28, 2012
    ...at 1221. “The plaintiff bears the burden of establishing personal jurisdiction over the defendant.” Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th Cir.1984). See Wenz v. Memery Crystal, 55 F.3d 1503, 1505 (10th Cir.1995).1. New Mexico's Long–Arm Statute. New Mexico's long-arm ......
  • Walker v. THI of New Mexico at Hobbs Ctr. , No. CIV 09–0060 JB/KBM.
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • July 6, 2011
    ...at 1221. “The plaintiff bears the burden of establishing personal jurisdiction over the defendant.” Behagen v. Amateur Basketball Ass'n, 744 F.2d 731, 733 (10th Cir.1984). See Wenz v. Memery Crystal, 55 F.3d 1503, 1505 (10th Cir.1995). “Before a federal court can assert personal jurisdictio......
  • Request a trial to view additional results

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