Federal judge rules case against Wisconsin high school basketball coach can proceed

A dispute between a high school coach and an athlete’s parents has led to multiple investigations, a police report, and now a federal lawsuit. 

Jake Whalen played basketball for Waunakee High School for three years, according to the suit. 

During most of that time, his father, Mark Whalen, complained to school officials about head coach Dana MacKenzie and assistant coach Tyler Selk. 

Mark believed there was financial misconduct related to a private basketball camp the coaches ran.

He also accused the coaches of gambling on high school basketball.

The school district and police investigated Mark Whalen’s allegations. Neither investigation found any instance of financial misconduct. 

But at the end of Jake’s junior year, MacKenzie’s contract was not renewed, and Selk was named head coach. 

Jake Whalen had less playing time his junior year and was cut from the varsity team by Selk his senior year.

The Whalens believed this was retaliation for their complaints. The family filed a lawsuit in April 2024 against MacKenzie and Selk, alleging their First Amendment rights were violated. 

The case moved to federal court in May 2024. The Whalens voluntarily dismissed MacKenzie as a defendant in April 2025, according to court records.

Last week, U.S. District Judge James D. Peterson ruled against Selk’s motion for a summary judgment, meaning there are enough facts to proceed to a trial.

“A reasonable jury could find that Mark and Jake’s protected speech were reasons that Selk cut Jake from the varsity team and that Selk would have kept Jake on the team if Mark and Jake had not spoken out,” Peterson wrote.

Selk argued that Mark Whalen’s speech was not protected because his claims about the coaches stealing and gambling were both “false and made with reckless disregard for the truth.”  

But in his ruling, Peterson said that a speaker is entitled under the First Amendment to draw his own inferences and conclusions about facts, “so long as it is clear from context that the speaker is offering his own opinion rather than a statement of fact.”

“As already noted, it is not clear from the parties’ summary judgment submissions exactly what Mark’s statements were or how clearly Mark communicated that he was expressing his opinions rather than stating facts,” Peterson ruled.

Last year, the Wisconsin Basketball Coaches Association warned the lawsuit could set a dangerous precedent.

“If the lawsuit should prevail, it would set a dangerous precedent allowing parents significant influence over high school athletic programs and create even tougher challenges for coaches to feel supported and want to stay in the profession,” the group said in a statement.