A federal appeals court has blocked a former Palmerton football player from suing his coach and school for the traumatic brain injury he suffered when he kept playing despite a concussion.

When Sheldon Mann, then 17, was hurt on Nov. 1, 2011, no player had ever sued to hold coaches or schools liable for brain injuries, Third Circuit U.S. Court of Appeals Judge Thomas I. Vanaskie wrote."In this case, the specific context is a football player fully clothed in protective gear, including a helmet, who experiences a violent blow, shows signs of a concussion, and is required to continue to engage in the same activity that caused the first substantial hit. We are aware of no appellate case decided prior to November of 2011 that held that a coach violates the student's constitutional rights by requiring the student to continue to play in these circumstances," Vanaskie wrote.The opinion was filed Sept. 21.However, even Vanaskie appears conflicted about the ruling."We hold that an injured student-athlete participating in a contact sport has a constitutional right to be protected from further harm and that a state actor violates this right when the injured student-athlete is required to be exposed to a risk of harm by continuing to practice or compete," Vanaskie wrote.The suit was filed by Sheldon's father, Kenneth Mann, on behalf of his now-incapacitated son, against coach Christopher Walkowiak and the school district.Whether the coach sent Sheldon back into play knowing he was injured is murky.Sheldon, who played for the Blue Bombers, was hit hard during practice. Despite his teammates' observation that Sheldon appeared to show symptoms of a concussion, Walkowiak sent him back into play, the suit says.He was hit hard again, and taken off the field.Concussion resultsWalkowiak testified at his deposition that he asked Sheldon if "he was all right," to which Sheldon replied, "I'm fine," and Sheldon continued to participate in the practice session, the ruling states.Later, he was diagnosed with a traumatic brain injury.Now 24, Sheldon suffers from an array of problems, including hallucinations, nausea, pain, slowed motor activity, memory issues, difficulty following conversations, and a hypersensitivity to light, sounds, and smells, according to the suit.His parents sued, contending that by sending their son back into play after the first substantial blow, Walkowiak violated his Constitutional right to bodily integrity under a state-created danger theory of liability.After being named head coach in 2011, Walkowiak received concussion and safety training at DeSales University. Because of this training he was aware of the signs and symptoms of a concussion."In multiple depositions, Sheldon's teammates testified that they believed Sheldon was suffering from a concussion after this hit and were surprised that he was allowed to continue to practice. One teammate even testified that it was one of the "bigger hits" he had ever seen," the suit says."Another teammate testified that after the first hit, Sheldon looked as though he was dizzy and was stumbling around the field, symptoms that this teammate believed to be associated with a concussion. And while not explicitly stating that they believed that Sheldon Mann was suffering from a concussion, other coaches testified that they were aware of the symptoms of a concussion and that standard procedure was to remove a student suffering from concussion-like symptoms from practice and have him seen by a trainer," the ruling states, citing testimony from the District Court ruling.The District Court ruled in the coach and school's favor, writing that while there was "ample evidence that Walkowiak was culpable under a state-created danger theory of liability, a constitutional right to protection in the context presented here was not clearly established in 2011."Dismissed from suitThe court granted Walkowiak qualified immunity and dismissed him from the lawsuit. It also found that the Manns had failed to present evidence sufficient to warrant a jury trial on whether the school district had a custom or policy that caused a violation of Sheldon's constitutional rights."Walkowiak's alleged conduct, if proven at trial, would be sufficient to support a jury verdict in favor of Mann on his state-created danger claim, but the right in question - to be free from deliberate exposure to a traumatic brain injury after exhibiting signs of a concussion in the context of a violent contact sport - was not clearly established in 2011," the ruling stated.The appeals court agreed."Given the state of the law in 2011, it cannot be said that Walkowiak was "plainly incompetent" in sending Sheldon in to continue to practice after he saw Sheldon rolling his shoulder and being told by Sheldon, "I'm fine.""Nor is there any basis for concluding that he knowingly violated Sheldon's constitutional rights. Accordingly, we will affirm the District Court's qualified immunity ruling," Vanaskie wrote.The Manns argue that coaches were not adequately trained on concussion recognition and protection, and had they been, Sheldon may not have suffered his severe injury."In this case there is no evidence of a pattern of recurring head injuries in the Palmerton Area football program. Nor is there evidence that Walkowiak or any other member of the coaching staff deliberately exposed injured players to the continuing risk of harm that playing football poses," Vanaskie wrote.