UPDATED: Court grants injunction, QB Brendan Sorsby eligible to play college football

LUBBOCK, Texas (KCBD) - Texas Tech quarterback Brendan Sorsby is eligible to play college football in the 2026 season, according to a temporary injunction against the NCAA granted Monday morning by visiting District Court Judge Ken Curry.

The NCAA had earlier ruled Sorsby ineligible, after he acknowledged he gambled on sports, including on Indiana University while Sorsby was on that school’s football team. Sorsby completed a gambling rehabilitation program in late May.

Judge Curry ruled in Sorsby’s favor, stating he “has demonstrated he will suffer a probable, imminent, and irreparable injury” if the court did not issue this temporary injunction, because he will not be able to play on Texas Tech’s 2026 football team. The injunction is effective immediately and will remain in effect until a final judgment is signed or until another order of the court.

Curry is a retired judge from Tarrant County and Houston law school graduate. He was assigned to preside over the case, in the 99th District Court of Lubbock County, following District Court Judge Phillip Hays’ recusal. One week ago, Judge Curry heard arguments in Sorsby’s lawsuit against the NCAA, at the Lubbock County Courthouse. Sorsby’s legal team is led by Jeffrey Kessler. The NCAA’s representation is headed by Taylor Askew.

The order states the NCAA may not prevent Sorsby from practicing, playing or otherwise participating on Tech’s 2026 team.

The judge also ordered Sorsby to not play or participate in game day activities for the first two games of Tech’s 2026 season, which includes a Sept. 5 home game vs. Abilene Christian and a Sept. 12 game in Corvallis vs. Oregon State.

Judge Curry’s order states Sorsby has demonstrated a probable right to relief he sought on claims of breach of contract, declaratory judgment, breach of duty of good faith and fair dealing, and breach of fiduciary duty.

Other orders for Sorsby:

• Must continue clinical gambling counseling, focusing on relapse prevention.
• Participate in peer support through Gamblers Anonymous or a comparable mutual air community
• Begin and continue treatment for Adjustment Disorder with Anxiety, addressing the underlying anxiety that served as the cause of Sorsby’s gambling behavior
• Begin and continue in athlete-specific recovery resources and mentorship
• Deliver a monthly, confidential report to the NCAA detailing compliance with these orders

Arguments made in court

According to court documents filed by the NCAA, Sorsby placed thousands of sports bets from 2022 to 2026 while at Indiana, Cincinnati and Texas Tech. The NCAA’s filings state Sorsby bet on college sports, including on Indiana football: his own team and bets on the performance of his teammates.

The NCAA says Sorsby later moved to other people’s accounts and apps to place bets, including after transferring to Texas Tech, where online sports betting is illegal under Texas law.

Attorney Jeffrey Kessler said at the June 1 hearing this temporary injunction should be granted because the NCAA failed to uphold its reinstatement process. Kessler cited the NCAA constitution and bylaws, including Article 1 Section D, which states student athlete well-being is designed to protect their physical and mental health.

“Mental health of the athlete is the main focus here,” Kessler said. “We have Sorsby, who has been diagnosed with a mental health addiction, he should be supported here.”Kessler said Sorsby did not engage in betting activities that threaten the integrity of any games.

In the June 1 hearing, Askew rejected Kessler’s claims that the NCAA does not care about the mental health of student athletes. The NCAA’s legal team described this as a Hail Mary attempt to try to get reinstated.

Askew said even if Sorsby placed only one bet on Indiana football in 2022, he would still be in violation. Askew also said Sorsby should’ve never been allowed to transfer, because he was already breaking the NCAA’s rules.

The NCAA a few days ago rejected Texas Tech’s appeal to reinstate Sorsby. However, this action was separate from Sorsby’s lawsuit filed against the NCAA.

Reaction

The NCAA issued this statement Monday morning, following the ruling:

“The NCAA strongly disagrees with the court’s ruling in Sorsby’s case and is deeply concerned about the damaging, far-reaching and broadly destabilizing ramifications of this outcome — which undermines and corrupts the integrity of sports. The NCAA is committed to supporting student-athlete mental health but must continue to aggressively defend against actions that defraud college athletics and threaten competitive integrity, such as betting on one’s own sport.”

KCBD has contacted Texas Tech Athletics and representation for Sorsby, seeking comment.

RELATED JUNE 1: Judge hears arguments on Brendan Sorsby’s request to play this upcoming football season

MAY 21: New judge selected for Sorsby v. NCAA, temporary injunction hearing set

APRIL 29: Source: NCAA inquiry focuses on Brendan Sorsby’s past betting; Texas Tech not under investigation

APRIL 27: Texas Tech QB Brendan Sorsby to take leave, enter treatment for gambling addiction