Hearing to delay McQueary suit postponed

From CDT staff reportsOctober 29, 2012 

A hearing to delay the lawsuit former Penn State football coach Mike McQueary filed against the university has been postponed.

But not because of a court judgment; because of Hurricane Sandy.

Senior Judge Thomas Gavin last week set the hearing for today to hear Penn State’s motion for a stay. Penn State is arguing McQueary’s whistleblower suit “would be severely prejudiced” if his suit was allowed to move forward while the criminal proceedings against former athletic director Tim Curley and retired senior vice president Gary Schultz are ongoing.

Curley and Schultz are facing charges of perjury for testimony they gave to the grand jury investigating Jerry Sandusky and for failure to report child abuse. They are scheduled to stand trial in January in Dauphin County Court.

No new hearing date has been slated for McQueary, according to court documents.

In 2001, McQueary walked in on Sandusky naked in a campus shower with a boy. He reported the incident to head football coach Joe Paterno and later discussed it with Schultz and Curley. They maintain their innocence, and their attorneys have raised questions about what exactly McQueary told them.

McQueary, whose contract ended with the university in June, filed a suit asking for $4 million in lost wages along with compensation for legal costs. He says mistreatment by the university has damaged his reputation and cost him that much in future earnings.

His suit singles out Schultz, Curley and former university President Graham Spanier. The suit says Curley and Schultz left McQueary with the impression that they thought his report was a “serious matter” and “that appropriate action would be taken.”

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