Mann v. Palmerton Area School Dist. — civil rights — affirmance — Vanaskie

Sheldon Mann, a 17-year-old student who played high school football, suffered a hard hit during a team practice. One of his teammates said it was one of the bigger hits he’d ever seen, another said Sheldon seemed dizzy and was stumbling around the field. But the coach at the time (he’s still the coach) “claim[ed] he did not see the hit,” asked Sheldon if he was all right and then told him to continue practicing. Not long after, Sheldon sustained a second big hit. This time he was removed, but it was too late: he suffered a traumatic brain injury.

Sheldon’s parents sued, alleging that the coach violated Sheldon’s constitutional right to bodily integrity by telling him to stay in after the first hit and that the school district failed to train the coach and protect the player. The district court granted summary judgment in favor of the defendants, and today the Third Circuit affirmed.

The Third Circuit held that a student-athlete at a state school who is showing signs of a concussion has a constitutional right to be protected from further violent hits. This is a major ruling that I expect to have national significance. But the court went to hold that this right was not clearly established at the time of Sheldon’s injury in 2011. The court also denied the Monell failure-to-train claim because there was no evidence of a pattern of recurring head injuries in that school’s football program, nor that the coaching staff acted deliberately.

Joining Vanaskie were McKee and Rendell. Arguing counsel were Howard Bashman for the parents and Thomas Specht of Marshall Dennehey for the coach and the district.

UPDATE: coverage by Matt Miller on Pennlive here.