Judge Shoots Down Curley & Schultz Requests in McQueary Lawsuit

Mike McQueary’s whistleblower lawsuit against Penn State was poised to become a legal battleground for former university administrators Tim Curley and Gary Schlutz.

But in new court documents filed Thursday, a judge has shot down the two men’s requests to intervene in the case.

Schultz and Curley — who face criminal charges in Dauphin County for their roles in an alleged coverup of the Jerry Sandusky child sex abuse scandal — wanted to intervene in McQueary’s lawsuit with his former employer. Although Judge Thomas Gavin let the two men join the fray and file motions to intervene last month, he has uniformly denied their requests.

Schultz and Curley wanted to keep McQueary’s legal team from seeing certain documents, including communication between Penn State’s former general counsel, Cynthia Baldwin, and the lawyers who now represent the former administrators. They claimed allowing McQueary to see those emails would violate their rights to attorney-client privilege.

Judge Gavin apparently disagrees, although his orders do not explain his reasoning. He has also ordered Penn State to turn over the documents McQueary wants to see, but they will be filed under seal out of the public eye.

This isn’t the first time Schultz and Curley have tried to keep Baldwin out of the courtroom. In their Dauphin County criminal cases, the two men unsuccessfully argued that Baldwin’s grand jury testimony should not be permitted as evidence against them.

McQueary, a former Penn State assistant football coach, played a key role in the Sandusky case by testifying he had seen Sandusky sexually abuse a young boy in a university shower. His contract was not renewed by the university in the wake of the Sandusky scandal, prompting McQueary’s ongoing lawsuit against Penn State.

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