Penn State seeks delay in McQueary's lawsuit
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Attorneys for Penn State University have asked the judge presiding over former assistant football coach Michael McQueary's defamation and whistleblower lawsuit to stay the case pending the outcome of the remaining criminal charges connected to the Jerry Sandusky child sex abuse case.
The school is being sued by Mr. McQueary for defamation, misrepresentation and retaliation. The complaint was filed on Oct. 2.
Mr. McQueary alleges that the university discriminated against him for testifying before the grand jury and at the preliminary hearing for Penn State administrators Tim Curley and Gary Schultz.
Mr. McQueary has said that he walked into a football team locker room in February 2001 and saw former defensive coordinator Jerry Sandusky engaged in a sex act with a young boy. Mr. McQueary reported the incident to then-head coach Joe Paterno, and later Mr. Schultz and Mr. Curley.
It took 10 years before any criminal charges were filed against Sandusky, who was found guilty in June of 45 of 48 counts against him involving 10 different boys. He was sentenced to 30 to 60 years in prison earlier this month.
Mr. Curley, who is on leave as the athletic director, and Mr. Schultz, the retired senior vice president for business and finance, were both charged with perjury, for allegedly providing false testimony to the grand jury in the Sandusky case, and failure to report alleged abuse.
They are scheduled for trial in Harrisburg in January.
According to a motion filed by Penn State's attorneys today, the university would be "severely prejudiced if forced to move forward in litigation, and discovery, while its representatives are subject to parallel criminal proceedings."
First Published October 23, 2012 12:00 am