Penn State Must Wait to Learn Fate of Ex-Coach's Lawsuit

Pennsylvania State University must wait until next month for an answer to its request to dismiss a lawsuit brought by a former coach tied to the Jerry Sandusky sex-abuse case, a state court judge said.

Lawyers for the school today laid out arguments for dismissing the case brought by the ex-coach, Mike McQueary, at a hearing in Bellefonte, Pennsylvania. Judge Thomas Gavin said he will rule in late April. McQueary claims he was fired for cooperating in the state’s probe of Sandusky.

McQueary was a key witness for the prosecution in a June trial against Sandusky. His testimony is at the heart of a related case against three ex-Penn State officials: President Graham Spanier, Vice President Gary Schultz and Athletic Director Tim Curley.

Sandusky, a defensive assistant football coach under the late Joe Paterno, was sentenced in October to at least 30 years in prison for sexually abusing 10 boys over a 15-year period.

McQueary was placed on administrative leave in November 2011 and terminated in July. He alleged in his lawsuit that he was ostracized and defamed by school officials including Spanier.

Spanier came out in support of Curley and Schultz when charges against the men were first announced saying the allegations were groundless. An attorney for the school said today that the former president was stating an opinion and couldn’t have defamed McQueary, who was not mentioned in any of his comments.

The case is McQueary v. Pennsylvania State University, 2012-1804, Pennsylvania Court of Common Pleas, Centre County (Bellefonte).

To contact the reporter on this story: Sophia Pearson in Philadelphia at spearson3@bloomberg.net; Ron Musselman in Bellefonte, Pennsylvania, at ronniemuss@yahoo.com.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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