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Penn State Asks Court to Dismiss Spanier's Complaint 'In Its Entirety'

by on June 14, 2012 6:33 PM

BELLEFONTE – Penn State filed an objection to former President Graham Spanier's complaint, where he requested old emails of his be turned over. 

The university wants the court to dismiss Spanier's lawsuit "in its entirety."

The emails he wants back are now part of the Louis Freeh investigation. 

According to court documents filed Thursday, Spanier failed to "exhaust the right-to-know law," and because his request for the emails is "at its core, an attack on the directive on the Office of the Attorney General not to disclose the emails it has obtained as a result of the investigation." 

Penn State stated in the 70-page document that it has a "legal obligation" to cooperate with the Attorney General's Office.

In fact, Penn State said Spanier's complaint shouldn't even be directed at the university.

The emails are on Penn State servers, so they are university property, not Spanier's, Penn State said.

Spanier has 20 days to respond to the university's objections. 

Spanier filed the civil suit May 25 because he said he needed a way to refresh his memory before talking to investigators about the Jerry Sandusky child sexual abuse scandal and his possible role in it. Some of the emails may date back as far as 14 years.

As of May 4, the investigation led by former FBI director Louis Freeh conducted at least 400 interviews with individuals affiliated with Penn State. The investigation is looking to uncover any potential wrongdoing that may have led to a child predator roaming free on-campus.

Freeh and his team are expected to publish the report, which will be available publicly, by the beginning of the fall semester.

The Penn State Board of Trustees terminated Spanier's contract on November 9 along with former Penn State football coach Joe Paterno.

Laura Nichols is a news reporter and @LC_Nichols on Twitter.
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