Hearing to Determine Hold on McQueary's Lawsuit Set for Tuesday
Senior Judge Thomas Gavin ordered a hearing to decide whether Penn State's request to put a hold on the $4 million lawsuit filed by former Penn State football wideouts coach Mike McQueary.
Gavin signed the order on Tuesday. On Monday, Penn State asked the court to grant a stay in the case while the grand jury investigation and criminal trial of two former Penn State administrators, Tim Curley and Gary Schultz, continues. Other civil cases filed against the university have been put on hold but have different judges presiding over them.
McQueary sued Penn State for $4 million on Oct. 2. The suit is a whistleblower, defamation and misrepresentation case because McQueary believes his firing from Penn State was unwarranted and he has since been unable to resume coaching elsewhere because of defamatory comments made by former Penn State President Graham Spanier for which the university has never issued a formal apology.
The former assistant coach who testified that as graduate student with the Penn State football program, he walked in on Jerry Sandusky abusing a boy in the Lasch Football Building locker room shower, said he has also been subjected to unjust "public scorn and villification."
Sandusky, 68, was sentenced to 30-60 years in prison for his sex crimes and Curley and Schultz await a Jan. 7 trial on charges of felony perjury for having allegedly lied to a grand jury and a summary charge of failure to report.