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2021 Concussion Defense Reporter 1 (2021)

handle is hein.hackboth/cdrpt2021 and id is 1 raw text is: Route To: /_ _ CONCUSSION DEF How Would Dershowitz Litigate a Concussion Claim? Martin v. Hermiston By Lorraine M. Girolamo, of Gordon Rees Scully Mansukhani, LLP Wi henwethinkofSection 1983law- suits, although they can certainly involve personal injuries, we typically envision cases involving excessive police force or matters involving a prison inmate's medical neglect, by way of example. Re- cently, an Oregon District Court analyzed a garden variety concussion suit, which we would typically see plead as a negligence case, brought as a civil rights violation. In reality, a Section 19831 claim is nothing more than a procedural device, based on a federal statute, that gives federal courts jurisdiction to hear civil rights cases. 1 42 U.S.C §1983. Section 1983 provides an individual the right to sue state government employees and others acting under color of state law for civil rights violations. Section 1983 does not provide civil rights; rather, it is a means to enforce civil rights that already exist. Since a party cannot be liable under Section 1983 alone, a constitutional violation has to be simultaneously plead. In Martin v. Hermiston School District. 8R, 2020 U.S. Dist. LEXIS 208287 (D. Or. Nov. 4, 2020), the plaintiffs brought an action under §1983 alleging that the defendants (a public school district, ath- letic director, football coaches and athletic trainer) violated the 14hAmendment rights of a high school sophomore when he suf- See HOW WOULD on Page 7 YOUR PARTNER Insightful Concussion Webinars Set T wo concussion webinars will be held in the coming weeks that will explore more deeply the issues around Chronic Traumatic Encephalopathy (CTE), from the defendant's perspective. Both webinars are sponsored by Concussion Defense Reporter. Human Factors in Sports Concussion-July 28 Every sports concussion case, whether a second hit or a CTE suicide, has one question in common: How did we get here? How claimants, coaches and others perceive, process and act is the subject of Human Factors. Join Gordon & Rees at- torney Tony Corleto and Joe Sala, Ph.D. from Exponent for a discussion of how warning and safety information factor into behavior on and off the field. REGISTER HERE. Forensic Psychology in Sports Concussion-August 12 CTE has been described as a progressive degenerative brain disease inextricably linked to football, hockey and other colli- sion sports. The causal relationship between sports and CTE is widely debated in medical literature and in our courts. Join Gordon & Rees attorneyTony Corleto and Bill Barr, Ph.D. from NYU Langone for a discussion of the latest developments in diagnostic criteria and medico-legal implications. REGISTER HERE. @ Summer 2021

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