01/29/09
 This was an appeal by the coaches from an earlier order denying their motions to dismiss based on immunity. Qualified Immunity is usually a doctrine applied to state and federal government officials in order to shield them from liability for the violation of a certain individual's constitutional rights, under 42 U.S.C Section 1983. The court stated that it was a claim ''confined to torts'', and not prosecutable as a criminal case. They held that ''the complaint's allegations do not rise to the conscience-shocking level required to charge a constitutional violation.'' The reason they provided is that no explicit custodianship existed between the school and the student athlete.
The issue has become a hot button issue with a more recent tragedy in Louisville, Kentucky where Jason Stinson, head football coach of Pleasure Ridge High, has pleaded not guilty to charges of reckless homicide in the death of lineman Max Gilpin. Gilpin was one of six athletes who have died in the 2008 year due to matters of heat stroke or exhaustion. Stinson is the first head coach of an athletic team to ever be charged for criminally negligent homicide for any sport, on any level, due to a player's death, yet it has propelled awareness among parents and coaches to do more as far as exercising more sound judgment and precautions so that these tragedies can be avoided in the future.
The question of exactly how far coaches are permitted to drill and train their athletes, and when does this reach an endangerment of welfare, especially when conditions reach into high temperatures becomes important. As football coaches drive their young players to the best condition and physical shape possible for the purpose of competing, there is more and more responsibility placed on coaches to protect their young players. And what's more, greater liability is placed on them if they don't.
|
