Can you sue a Texas HS and it's baseball coach for kicking a kid off the team because of personality differences. More info...

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Brand new coach (3rd in 4 yrs), didn't appreciate my kid's aggressive style and found fault with him at every opportunity. Called him a leader, yet when he questioned a bunt call in the second scrimmage of the "pre-season", sent him home mid game. When he went up the next morning to apologize (at my suggestion) because I wanted him to keep his starting position, the coach told him he decided he didn't want him on the team any more. This came as a surprise, and we feel we should have been warned that there was a problem. This kid had Jr. College possibilities, and possibly more, but lost his drive and gave up the dream. Went through what appeared to be a depression, and is no longer chasing scholarships. I know this sounds like sour grapes, but this was terribly handled and should not

Attorney Answers

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Daragh Carter ·
You can certainly complain to the principal and/or the school board and attempt to get the coach's decision changed, but you do not have any legal grounds to sue the school or the coach. A public school district would have immunity from liability for the coaches actions, which would be considered a "discretionary function." As a matter of fact, the Texas Tort Claims Act, which is Chapter 101 of the Texas Civil Practice & Remedies Code, provides immunity for public school district for every type of tort claim except motor vehicle accidents. You can't even sue a school district for a slip-and-fall claim.
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Forrest Welmaker ·
Sure you can sue but the case will be summarily dismissed. Texas School Districts are immune from liability for most all claims including negligence claims unless involving a motor vehicle or a violation of civil rights. I see no action here. Your best bet is to talk to the principal or superintendent or by putting other pressure for a change in position by the school.
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Brian Loncar ·
Why don't ypu just start ypur kid again on a new team with no history and a fresh start. Isn't your kid having fun more important than being litigious? So the Coach sucks. Find a better one. If ypur kid stays on that team with that Coach, the kid loses. We give you credit for not beating tup the Coach! ...we're burning ya in a tease! But seriously, it happens. Good luck!
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