The 3rd U.S. Circuit Court of Appeals has reversed a district court’s ruling and found that the lower court should have granted summary judgment to a cheerleading coach, who was sued for negligence after one of her cheerleaders suffered a concussion.
In short, the panel of judges found that the coach was entitled to qualified immunity.
The incident in question occurred on March 3, 2004 when plaintiff Heather Hinterberger, a member of the Iroquois High School cheerleading squad, was seriously injured when she attempted a “twist down cradle” — a stunt that was being introduced to the squad for the first time on that day.
The court noted that there were multiple spotters that day as the squad tried several times to perform the stunt. On the last attempt, the plaintiff “flew over and outside the perimeter of her base and her spotters, striking first her left hip, then her left shoulder, then her head on the LGI room floor. As a result, the plaintiff suffered a severe closed head injury. At the time that the plaintiff struck the floor, there was no matting in place.”
Hinterberger sued the cheerleading coach, Sally Loftus, and the Iroquois School District in the Erie County Court of Common Pleas. The case was ultimately removed to federal court.
Hinterberger’s claim centered on 42 U.S.C. § 1983. To prevail under § 1983, a plaintiff must prove that he or she: (a) suffered the deprivation of a right secured by the United States Constitution or federal law (b) by a person acting under color of state law. Mark v. Borough of Hatboro, 51 F.3d 1137, 1141 (3d Cir.1995).
The district court elaborated on Hinterberger’s claim: “With respect to the first element of the plaintiff’s case — demonstrating a violation of her federal rights — the plaintiff claims that her substantive due process right to bodily integrity was violated by Loftus’ conduct under a state-created danger theory. The plaintiff seeks to hold the Iroquois School District liable for this alleged constitutional injury under a municipal liability theory.”
While the district court granted summary judgment to the school district, concluding that “budgetary decisions of this kind do not reflect deliberate indifference for purposes of establishing municipal liability under § 1983,” it was unwilling to make the same concession to the coach.
It wrote specifically that Loftus “fully appreciated the need for better matting to the point that she approached the athletic director about the issue, unsuccessfully, and informed other parents of this fact. Despite this awareness, Loftus allowed the introduction of the twist-down cradle to proceed in the unmatted LGI room.”
The Third Circuit disagreed with lower court’s logic.
“Hinterberger does not cite, and we have not found, any precedential circuit court decisions finding a state-created danger in the context of a school athletic practice,” wrote the appellate court. “We thus conclude that Hinterberger’s alleged right was not clearly established at the time of her accident. It was not ‘beyond debate’ as of March 2004 that Loftus’s decision to introduce a new cheerleading stunt following a delay of several months, through the instruction of an experienced cheerleader, with the use of multiple spotters, but without any matting, violated Hinterberger’s substantive due process rights.
“We fully recognize the tragic nature of Hinterberger’s injury and the fact that more might have been done to prevent it. But we are admonished that the ‘due process guarantee does not entail a body of constitutional law imposing liability whenever someone cloaked with state authority causes harm.’ Cnty. of Sacramento v. Lewis, 523 U.S. 833, 848 (1998). As Hinterberger’s alleged right was not clearly established at the time of her injury, Loftus is entitled to qualified immunity from suit.”
Heather Hinterberger v. Iroquois School District and Sally Loftus; W.D. Pa.;
Case No. 1:08-cv-317-SJM; 2012 U.S. Dist. LEXIS 138268; 9/26/12
Attorneys of Record: (for plaintiff) Thomas V. Myers, LEAD ATTORNEY, Nichols & Myers, PC, Erie, PA; Marissa Savastana Watts, T. Warren Jones, MacDonald, Illig, Jones & Britton, Erie, PA. (for defendants) Richard A. Lanzillo, LEAD ATTORNEY, Knox, McLaughlin, Gornall & Sennett, Erie, PA.
