Penn State Requests Paterno, Kenney Lawsuit be Dimissed

Penn State has asked for the lawsuit brought against it by former assistant coaches Jay Paterno and Bill Kenney in federal court to be dismissed.

This motion for dismissal is based on “deficiencies” in the complaint against the University, according to documents filed Tuesda.

Paterno, the son for former head coach Joe Paterno and a former quarterbacks coach, and Kenney, who coached offensive tackles and tight ends, filed their complaint back in July.

They seek $1 million each from Penn State for not publically clearing their names, which they say hurt their chances of find comparable positions after they were terminated following the hiring of coach Bill O’Brien in 2012.

The motion for dismissal describes their complaint as “implausible” and “devoid of any specific factual allegations.”

Penn State argues in the document that they honored their obligations to Paterno and Kenney with 18 months of severance pay and other benefits at the time of their termination.

The motion dismissal also notes that Kenney currently has an assistant coaching position with Western Michigan University, while Paterno applied only for head coaching positions and jobs in the national media.

“Significantly, Paterno does not allege that he applied for any assistant coaching positions or any other positions potentially comparable to the one he lost when Coach O’Brien decided not to retain Paterno,” according to document.

Penn State argues that neither assistant coach was singled out by the university in any way and that their termination was “typical” for the change to a new head coach, who replaced the majority of the assistant staff.

The motion also notes that neither coach was negatively mentioned in any of the university’s press releases at the time, nor in any conversation surrounding the Freeh report or consent decree – though these did include references to various “individuals” in the program.

The motion asks for the suit to be dismissed with prejudice, which would prevent Paterno and Kenney from filing again in the future.

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