Federal Judge Dismisses Lawsuit Over 2023 Fish Bowl Injury

A federal judge has dismissed a lawsuit over the hit that seriously injured Gig Harbor High School quarterback Koi Calhoun during the 2023 Fish Bowl against Peninsula High School.

U.S. District Judge Benjamin Settle ruled Aug. 28 that there was not enough evidence to hold Peninsula player Cameron Miller, former football coach Ross Filkins or the Peninsula School District legally responsible for Calhoun’s injuries. The ruling ends the case without a trial, though the plaintiffs could appeal.

Settle found that Miller’s late hit did not go beyond the normal risks of playing tackle football. He also found no evidence that Filkins instructed players to ignore the rules or intentionally harm opposing players, or that the school district had a policy of disregarding student safety.

“High school football is a violent collision sport,” Settle wrote. “Players routinely block, tackle, and make serious physical contact with one another, and even when the game is properly coached and played, personal fouls and injuries can and do occur.” 

For PSD, which oversees Peninsula and Gig Harbor high schools, the ruling closes a case involving students and staff on both sides of the rivalry.

“We remain sorry that a player was injured during one of our school football games, and in particular that it happened during the Fish Bowl game,” PSD Chief of Schools Michael Farmer said in a statement to Key Peninsula News. “Unfortunately, football comes with certain risks, and we are thankful the case was dismissed.”

Farmer said the district was “particularly grateful that students and staff do not have to go through trial.”

The case grew out of the Sept. 15, 2023, Fish Bowl at Roy Anderson Field. Calhoun, then a 16-year-old sophomore making his first varsity start at quarterback, threw an interception and pursued the return downfield.

Key Peninsula News reported from the game that Calhoun and Miller became involved away from the ball following the interception. Miller was penalized for a late hit. Calhoun remained on the field for about 30 minutes while medical personnel treated him before he was taken from the stadium.

Court records later detailed the extent of Calhoun’s injuries, including a broken jaw, damaged tooth, concussion, and temporary weakness in his legs. Calhoun alleged that Miller called him a derogatory name immediately before hitting him. Miller did not deny making the comment. 

Calhoun and his mother sued Miller, Filkins and the school district in 2024. They alleged that Miller’s actions went beyond the normal risks of football and that Filkins and the district knew Peninsula players were targeting Gig Harbor quarterbacks but failed to adequately address it.

Those warnings predated Calhoun’s injury. After the 2022 Fish Bowl, Gig Harbor’s coach raised concerns about Peninsula players repeatedly targeting its quarterback. Filkins and Peninsula’s athletic director reviewed video of the plays but did not find the allegations credible, according to the court record. Before the 2023 game, the district held a sportsmanship summit involving both schools, and a Gig Harbor parent raised similar concerns with district officials the day before the game. 

Settle found those earlier complaints did not establish that Filkins directed or condoned dangerous play.

“There is no evidence that Filkins instructed his players to ignore the rules or intentionally target quarterbacks,” Settle wrote. 

The judge granted the defendants’ requests for summary judgment and dismissed the claims with prejudice. 

The ruling comes more than 18 months after Filkins told KP News that he was “looking forward to the full truth coming out and correcting the public record.”

The fallout from the incident influenced the district’s decision to move the annual rivalry game to Mount Tahoma High School starting in 2024. PSD said at the time the move was because “the popularity of the Fish Bowl has outgrown Roy Anderson Field.”

Kickoff for the 48th Fish Bowl is 5 p.m. Sept. 19 at Mount Tahoma. Gig Harbor now leads the series 24-23 after winning the past three matchups.