Penn State’s attorneys fired back in an effort to discredit former Penn State wideouts coach Mike McQueary’s request to overrule the university’s request to toss his lawsuit.
In court documents filed Thursday, Penn State’s representation said McQueary’s claims of misrepresentation and defamation are “legally insufficient and should be dismissed with prejudice.” The alleged statements – McQueary specifically references something said by former Penn State President Graham Spanier he believes to be defamatory – do not reference McQueary or allude to him in any way.
Penn State’s lawyers write that a claim made by McQueary doesn’t stand, regarding former athletic director Tim Curley and former vice president Gary Schultz, who allegedly told the then-graduate student ‘appropriate action’ would be taken regarding an incident he witnessed, in which McQueary claims he walked in the Lasch Football Building and saw Jerry Sandusky abusing a boy.
“The decade-old alleged statement by Curley and Schultz is too remote to have proximately caused any of the damages claimed in this case,” lawyers wrote.
Lawyers also said the whistleblower claim cannot stand because he was not wrongfully let go from his position at Penn State.
McQueary sued Penn State for $4 million in October. Penn State is attempting to have the lawsuit dismissed.
Mcqueary Memorandum of Law in Support of Preliminary Objections (1) by
