Judge rules McQueary whistle-blower case can proceed

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The judge presiding over the civil suit filed by Mike McQueary against Penn State University ruled today that the case can move forward.

Judge Thomas G. Gavin issued a six-page opinion requiring the university to file its answer to the former assistant football coach's whistle-blower lawsuit within 20 days.

Penn State filed a number of preliminary objections to Mr. McQueary's complaint, in which he claimed he was harmed by university officials after it was revealed he raised allegations of sexual abuse against now-convicted defensive coordinator Jerry Sandusky.

The lawsuit raises a whiste-blower claim, as well as defamation.

When criminal charges were initially filed in November 2011 against athletic director Tim Curley and former vice president of business and finance Gary Schultz, former President Graham Spanier called them "groundless."

In determining whether there is defamation, Judge Gavin wrote that then "one cannot help but deduce that McQueary's contradictory testimony is untruthful."

The judge said that the whistle-blower complaint filed by Mr. McQueary is specific enough to require Penn State to file an answer to the lawsuit.

"McQueary has sufficiently plead[ed] facts of outrageous conduct on the part of Penn State," he wrote.

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