Judge Sonny Reagan of the Pike County Circuit has accepted the motion, and Davenport is eligible to play pending a hearing, reports AL.com.
Davenport's family on Thursday sued the Alabama High School Athletic Association and its director, Steve Savarese, after the organization stripped him of his right to deposit a USA Basketball check. The complaint was filed at the Pike County Circuit Court.
Davenport, a senior from Charles Henderson High School in Troy, Alaska, participated last summer with USA Basketball in the FIBA Under-18 Championship for the Americas and helped the United States win a gold medal.
As a result, USA Basketball sent him a check for $ 857.20 to cover expenses.
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The check was deposited, but Davenport's family discovered in November that it could pose an eligibility problem and returned the money.
The Alabama High School Athletic Association has always deemed her ineligible, prompting the public to react quickly, including ESPN basketball analyst Jay Bilas. The AHSAA said that the moment Davenport cashed the check was contrary to the state's rules on amateurism.
"Neither USA Basketball, nor the student's parents, nor the student's coach, nor the CHHS administration reported that the student had received the check until three months later, [specifically 91 days], "Said Johnny Hardin, chairman of the AHSAA Central Control Board, in his rationale for Davenport's inadmissibility to power.
An appeal of the decision was dismissed twice.
Davenport is considered the 15th high school basketball player in the country and is committed to Rutgers.