Legal Question in Personal Injury in Florida
I am a volunteer assistant high school football coach for an exclusive private school in Florida. I am a former College D-1 Football player myself and have coached as a college graduate assistant football coach while attending and graduating from Law School; however, I have never practised law. In addition I am 52 years old.
On Wednesday prior to this football game the Head Caoch physically disciplined this same football player for insubordination by tackling him and pounding his shoulder pads a couple times in front of the entire team; the player was mouthy and would not stop talking back to the head coach when he was being corrected for not performing his duties correctly. This same player only stoped when he was finally physically confronted by the head coach.
The Facts:
The above very same player [ possibly 15 to 16 years old] was unsobordinate and talked back to me, his position coach, after I benched him for making a second mistake that cost our team a touchdown during the football game.
Subsequent to my benching this player, and 3 to 4 plays plays following my benching, the football player started to verbally contest my actions and confront me when another defensive back was burned for a long pass, I turned and grabbed his jersey to get his attention and correct his attitude but before I could finish my sentence the player punched me numerous times against my nose and head with his fists, I never threw one punch all the while holding onto his jersey attempting to force the player to the ground to neutralize him until we could be seperated. [ A coach who was standing next to us was an immediate witness to the entire confrontation and has confirmed the above version of events with a written statement to the school]
The head coach subsequently dismissed the player from the field and suspended him from the team indefinitely. I have voluntarily suspended my volunteer coaching until further notice. The school has not officially asked me to resign from the coaching staff although I assume such is the desire of the school administration.
Subsequent to the incident I visited a hospital emergency room where it was confirmed that I had a broken nose. A police officer was on duty at the hospital and recommended that I file Felony Battery charges against the player and, after much consideration, I did. Pictures were taken by the hospital staff and police and an incident report was generated.
The High School, under pressure from the player's parent, and fearing a further impact to their declining enrollment, has forced out the head Football coach for the past 30 plus years. Ther is now a movement to reinstate this dearly loved and respected football coach.
Player Background:
It is known that this football player has had prior occurrences of insubordination and has been dismissed from another team at this same school in the past. Furthermore, he is being raised by a single parent, his mother, who travels as an Airline Pilot for days at a time, leaving her son alone to care for his llittle sister. He has no father in the home and I am told that his mother has had many boyfriends. Futhermore, it is suspected that this player is taking illegal substances.
Issues/Questions:
1. Whether the above football coach acted reasonably and within the bounds of legally acceptable and permitted conduct?
2. Whether the above football player acted reasonably and within the bounds of legally acceptable and permitted conduct?
3. Whether the coach and/or the player breached any duty of care.
Question
Do you have any advice regarding this incident?
Note:
I feel I may need legal counsel to recover my physical damages and to protect my character and reputation not to mention my ability to continue in the coaching profession.
I also feel that it is time a stand is taken for authority figures to be supported and that the time has come to "draw a line in the sand" to stop the sliipery slope of further decay to appropriately discipline students and athletes.
Regards,
Tom Flynn
Cell: 561-309-7425
1 Answer from Attorneys
Based on the facts you presented, I do not feel any of the coaches breached any duty. I also feel based on the facts that the actions taken against the player were appropriate. I do not see how the actions of the player were reasonable given the facts.
Review very carelfully the rules and regulations of the private school as it relates to you and this incident. Due process of private schools is not the same as it is for public schools. You may want counsel to represent you and be present at any school meetings with you.
Good luck.
see www.ConsumerLawyerHelp.com
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