The Official Forum

The Official Forum (https://forum.officiating.com/)
-   Basketball (https://forum.officiating.com/basketball/)
-   -   Legal question (https://forum.officiating.com/basketball/51463-legal-question.html)

sj Fri Feb 06, 2009 11:40am

Legal question
 
Would an official have any potential legal liability if he allows a player to remain in the game in spite of that player having reached 5 fouls? For example after she should have been out of the game she then fouls an opponent hard and the opponent would get hurt.

Here's a long story as short as I can make it. 9th grade girls team only has 5 players. One girl is very big with no playing sense at all. She'll foul a shooter by just bringing her arms down on top of the shooter and as a result will just knock the shooter silly. Talking to her does no good. I called what I thought was the 5th foul on her but the scorer said 4. So I thought maybe I could be wrong. When I called the next one the scorer still told me 4. I knew I was right so I made her leave. (I didn't know but the coach and the scorer had agreed to try to keep her in the game.)

Later I told the coach if we kept her in after getting 5 fouls and she knocked someone down and go their head cracked open then there could be legal issues involved. (This girl would be perfectly capable of it too) I try to be a common sense guy but am I right here or am I worrying too much? Thanks.

Adam Fri Feb 06, 2009 11:43am

Tell your scorer to knock it off. If he says one word at this point, he gets replaced. Sit her down. I can see potential issues, especially if she'd demonstrated rough play all game (purposeful or not).

Mark Padgett Fri Feb 06, 2009 11:44am

Quote:

Originally Posted by sj (Post 576335)
(I didn't know but the coach and the scorer had agreed to try to keep her in the game.)

I hope you reported these clowns. IANAL, but it would seem to me that if that was the case and something happened, they would be liable. I would love to see this on Judge Judy.

Ch1town Fri Feb 06, 2009 11:50am

Quote:

Originally Posted by Mark Padgett (Post 576337)
I would love to see this on Judge Judy.

Judy - Coach you're an idiot
Coach - Well, we just tried...
Judy - I'm speaking!!!!


Gotta love her!

JugglingReferee Fri Feb 06, 2009 11:50am

Quote:

Originally Posted by sj (Post 576335)
Would an official have any potential legal liability if he allows a player to remain in the game in spite of that player having reached 5 fouls? For example after she should have been out of the game she then fouls an opponent hard and the opponent would get hurt.

Here's a long story as short as I can make it. 9th grade girls team only has 5 players. One girl is very big with no playing sense at all. She'll foul a shooter by just bringing her arms down on top of the shooter and as a result will just knock the shooter silly. Talking to her does no good. I called what I thought was the 5th foul on her but the scorer said 4. So I thought maybe I could be wrong. When I called the next one the scorer still told me 4. I knew I was right so I made her leave. (I didn't know but the coach and the scorer had agreed to try to keep her in the game.)

Later I told the coach if we kept her in after getting 5 fouls and she knocked someone down and go their head cracked open then there could be legal issues involved. (This girl would be perfectly capable of it too) I try to be a common sense guy but am I right here or am I worrying too much? Thanks.

No, you're not worrying too much. Good job on sending the girl off after you knew it was her 5th. And good job on telling the coach exactly how it is.

And yes, shame on the coach and scorer for contravening the purpose of ethics. :mad: I feel for the scorekeeper if s/he is a young person. They could have had their judgment questioned by a position of authority.

slow whistle Fri Feb 06, 2009 11:54am

Quote:

Originally Posted by JugglingReferee (Post 576341)
No, you're not worrying too much. Good job on sending the girl off after you knew it was her 5th. And good job on telling the coach exactly how it is.

And yes, shame on the coach and scorer for contravening the purpose of ethics. :mad: I feel for the scorekeeper if s/he is a young person. They could have had their judgment questioned by a position of authority.

I think if I knew that the coach intentionally conspired to keep his player in the game like this, that would be the end of his night...ESPECIALLY if this was a young person that the coach manipulated...how/when did you find out that the coach was doing this intentionally?

sj Fri Feb 06, 2009 12:10pm

Quote:

Originally Posted by slow whistle (Post 576345)
I think if I knew that the coach intentionally conspired to keep his player in the game like this, that would be the end of his night...ESPECIALLY if this was a young person that the coach manipulated...how/when did you find out that the coach was doing this intentionally?

After the game. And the opposing coach didn't know although he didn't care either. I might add that the coach was less than impressed with my legal acumen. : > )

cardinalfan Fri Feb 06, 2009 12:39pm

Quote:

Originally Posted by sj (Post 576335)
One girl is very big with no playing sense at all.

My favorite part of the story! :D

sj Fri Feb 06, 2009 02:43pm

Quote:

Originally Posted by cardinalfan (Post 576365)
My favorite part of the story! :D

Trying to be brief. And yet believe it or not I was kind with this statement. :)

jearef Fri Feb 06, 2009 02:52pm

legal problems??
 
You are not worrying too much about liability. The law would require you to act as a reasonable person under the circumstances. Here is my cross of you in the lawsuit:

Mr. Official, you observed this player for 3 quarters, did you not?

And how would you describe her ability?

Did it seem to you that she was a bit out of control?

I believe you used the phrase "knock them silly" in describing some of her previous fouls?

So, in your experience, she was a player with less than average ability who presented a higher-than-average risk of injury to other players?

And yet you allowed her to remain in the game after the rules said she should have been disqualified?

Case over. You lose.

just another ref Fri Feb 06, 2009 02:59pm

Quote:

Originally Posted by jearef (Post 576422)
You are not worrying too much about liability. The law would require you to act as a reasonable person under the circumstances. Here is my cross of you in the lawsuit:

Mr. Official, you observed this player for 3 quarters, did you not?

And how would you describe her ability?

Did it seem to you that she was a bit out of control?

I believe you used the phrase "knock them silly" in describing some of her previous fouls?

So, in your experience, she was a player with less than average ability who presented a higher-than-average risk of injury to other players?

And yet you allowed her to remain in the game after the rules said she should have been disqualified?

Case over. You lose.

Judging a player's ability or the risk of injury based on that ability is not part of an official's job.

slow whistle Fri Feb 06, 2009 02:59pm

Quote:

Originally Posted by jearef (Post 576422)
You are not worrying too much about liability. The law would require you to act as a reasonable person under the circumstances. Here is my cross of you in the lawsuit:

Mr. Official, you observed this player for 3 quarters, did you not?

And how would you describe her ability?

Did it seem to you that she was a bit out of control?

I believe you used the phrase "knock them silly" in describing some of her previous fouls?

So, in your experience, she was a player with less than average ability who presented a higher-than-average risk of injury to other players?

And yet you allowed her to remain in the game after the rules said she should have been disqualified?

Case over. You lose.

I'm not a lawyer, but "reasonable person under the circumstances" can take on a lot of different meanings....why is it so unreasonable in the course of a basketball game that a player who consistently commits hard (but not flagrant) fouls would be allowed to stay in the game as long as you as an official are under the impression that she has not reached her 5 fouls towards DQ? There are players who commit hard fouls playing at every level of basketball, what is so unreasonable about letting that player continue to play? It's not like she was walking down the street whacking people in the head knocking them silly...

Adam Fri Feb 06, 2009 03:01pm

Quote:

Originally Posted by jearef (Post 576422)
And yet you allowed her to remain in the game after the rules said she should have been disqualified?

Case over. You lose.

"You'll need to talk to the official scorer, I was told she only had 4 fouls. I don't count them, I just call them."

ranjo Fri Feb 06, 2009 03:08pm

For what its worth -:rolleyes:

I once worked a rec league where players were allowed back into the game after 5 fouls (if there were no other players on the bench), but each additional foul also cost them a technical.:eek:

mbyron Fri Feb 06, 2009 03:23pm

Quote:

Originally Posted by jearef (Post 576422)
1. So, in your experience, she was a player with less than average ability who presented a higher-than-average risk of injury to other players?

2. And yet you allowed her to remain in the game after the rules said she should have been disqualified?

Case over. You lose.

1. Yes

2. No, the rules do not require disqualifying players with less than average ability who present higher-than-average risk.

Redirect:

A. Did the scorekeeper inform you that this player had just 4 fouls when in fact she had 5?

B. Did you have any reason to doubt the scorekeeper's information?

C. Would any experienced official have done exactly as you did under the circumstances?


Case over. You win.

just another ref Fri Feb 06, 2009 03:42pm

Quote:

Originally Posted by mbyron (Post 576435)
1.
Redirect:

A. Did the scorekeeper inform you that this player had just 4 fouls when in fact she had 5?

B. Did you have any reason to doubt the scorekeeper's information?

C. Would any experienced official have done exactly as you did under the circumstances?


Case over. You win.

1. I don't know how many she actually had. I have no book out on the court.

2. Possibly, but it is still the scorekeeper's job to count fouls, not mine.

3. Objection! You are asking my client to speculate about what others might do.

slow whistle Fri Feb 06, 2009 03:46pm

Quote:

Originally Posted by just another ref (Post 576441)
1. I don't know how many she actually had. I have no book out on the court.

2. Possibly, but it is still the scorekeeper's job to count fouls, not mine.

3. Objection! You are asking my client to speculate about what others might do.


Either there are too many lawyers on this board or you guys watched too much LA Law!! B/C some of you actually sound like you know what you are talking about!:D

Ref Ump Welsch Fri Feb 06, 2009 03:49pm

Or some of us actually have been in a courtroom, in some fashion. But then again, there must be quite a few Law and Order fans on the board, with the infiltration of those shows!

Matt Fri Feb 06, 2009 03:49pm

Quote:

Originally Posted by mbyron (Post 576435)
C. Would any experienced official have done exactly as you did under the circumstances?

Objection--speculation.

just another ref Fri Feb 06, 2009 03:55pm

Quote:

Originally Posted by slow whistle (Post 576442)
Either there are too many lawyers on this board or you guys watched too much LA Law!! B/C some of you actually sound like you know what you are talking about!:D


I'm not a lawyer, just not an idiot. Last extensive dealings I had in a lawyer's office was settling my father's estate. There were issues involving his wife and the possibility of "a spouse in necessitous circumstances." In laymen terms, this is called "Gimme, gimme!" The lawyer was on the phone, and I picked up a book on his desk and looked up the situation. When he hung up, I asked a question about a passage I was reading. He was surprised. "How did you find that?" It was in alphabetical order. Duh! :rolleyes:

Ref Ump Welsch Fri Feb 06, 2009 04:28pm

Quote:

Originally Posted by just another ref (Post 576451)
It was in alphabetical order. Duh! :rolleyes:

Another proof just because one has an advanced degree doesn't make them any smarter. I would actually take to vomiting if any lawyer starts calling themself Dr. Whatever just because the JD degree is supposedly terminal (like a PhD).

sj Fri Feb 06, 2009 04:35pm

On this type of thing. Has anybody ever seen a source which might list actual cases which have actually been brought up where officials are concerned? Win or lose. That might be interesting to see. Or does anybody know of any that have been brought up?

amusedofficial Sat Feb 07, 2009 06:40am

none
 
No legal liability whatsoever. I have seen no legal theories advanced that would make me think otherwise.

CMHCoachNRef Sat Feb 07, 2009 07:11am

Quote:

Originally Posted by mbyron (Post 576435)
1. Yes

2. No, the rules do not require disqualifying players with less than average ability who present higher-than-average risk.

Redirect:

A. Did the scorekeeper inform you that this player had just 4 fouls when in fact she had 5?

B. Did you have any reason to doubt the scorekeeper's information?

C. Would any experienced official have done exactly as you did under the circumstances?


Case over. You win.

Unless, of course, Perry Mason is the plaintiff's attorney.:D

Juulie Downs Sat Feb 07, 2009 11:07am

Quote:

Originally Posted by CMHCoachNRef (Post 576546)
Unless, of course, Perry Mason is the plaintiff's attorney.:D

Bingo!! ( I know that's not a legal term, but it still signifies the winner!)

Here in Portland, Oregon, Perry Mason has played at noon on a certain channel since it first went into syndication back in the 60's. Every week day. When I was a child, and was home sick from school, I watched it. When I was a college student and was home from school, I watched, and now that I'm a grandmother, when my granddaughter is at my house out of school (her mother works), we watch it. Some of the episodes, I can tell you who did it, just by the title.

One thing I know for sure, Hamilton Burger was an idiot. He never learned that if Perry Mason was on the case, he ought to just give up before he even started. It would have saved LA a lot of money in all those useless trials.

Ref Ump Welsch Sat Feb 07, 2009 11:17am

Quote:

Originally Posted by Juulie Downs (Post 576604)
One thing I know for sure, Hamilton Burger was an idiot. He never learned that if Perry Mason was on the case, he ought to just give up before he even started. It would have saved LA a lot of money in all those useless trials.

True, but Mr. Burger would never have found the true guilty party without Mr. Mason's help. He would have had to spend some money somehow! ;)

BillyMac Sat Feb 07, 2009 06:52pm

Don't Ask Him About Foul Totals Higher Than Twenty, Please Don't ...
 
Quote:

Originally Posted by just another ref (Post 576441)
I don't know how many she actually had. I have no book out on the court.

Ask Mark Padgett about how he keeps track of fouls by counting his fingers, and taking off his shoes, and counting on his toes. He's what you call an expert.

BillyMac Sat Feb 07, 2009 06:55pm

Leno Versus Law And Order ???
 
Quote:

Originally Posted by Ref Ump Welsch (Post 576445)
There must be quite a few Law and Order fans on the board, with the infiltration of those shows!

Speaking of which, what happens to my favorite show, actually three different shows, when Leno takes over the 10:00 p.m. NBC time slot. I don't get home from my games in time to watch a 9:00 p.m. Law and Order.

BillyMac Sat Feb 07, 2009 06:59pm

Back In The Twentieth Century ...
 
We've had references to Perry Mason, and I Love Lucy, in the same week. Some of the younger officials on the Forum are scratching their head and saying, "Why are they talking about Perry Como, and Lucy from Peanuts?".

Stat-Man Sat Feb 07, 2009 10:16pm

Quote:

Originally Posted by ranjo (Post 576429)
For what its worth -:rolleyes:

I once worked a rec league where players were allowed back into the game after 5 fouls (if there were no other players on the bench), but each additional foul also cost them a technical.:eek:


Sounds like Modified NBA rules. During a pro-level summer league, we'd invariably have games where one of the teams would only have 5 players show up, and once a player on that team picked up foul #6, NBA rules allow them to stay in the game, but every personal foul beyond six is a T (assessed to the team?) in addition to any foul shots that come with the foul.

Mark Padgett Sat Feb 07, 2009 10:24pm

Quote:

Originally Posted by Juulie Downs (Post 576604)
Here in Portland, Oregon, Perry Mason has played at noon on a certain channel since it first went into syndication back in the 60's.

Whenever anyone asks them when they're going to stop running the show, their answer is always, "when people stop watching it".

Bishopcolle Sat Feb 07, 2009 11:47pm

Quote:

Originally Posted by BillyMac (Post 576682)
We've had references to Perry Mason, and I Love Lucy, in the same week. Some of the younger officials on the Forum are scratching their head and saying, "Why are they talking about Perry Como, and Lucy from Peanuts?".

Perry Como? You're kidding, right?

BillyMac Sun Feb 08, 2009 12:03am

Pick A Perry, Any Perry ...
 
Quote:

Originally Posted by Bishopcolle (Post 576755)
Perry Como? You're kidding, right?

"Why are they talking about ______________ , and Lucy from Peanuts?".

Good point. Pick your favorite Perry:

Gaylord Perry (Hall of Fame baseball player)
Joe Perry (musician, "Aerosmith")
Luke Perry (actor, "Beverly Hills 90210")
Matthew Perry (actor, "Friends")
William Perry (football player)
Steve Perry (singer/musician, "Journey")

Please note: This is NOT a poll.


All times are GMT -5. The time now is 01:03pm.



Search Engine Friendly URLs by vBSEO 3.3.0 RC1