Penn State seeks delay in Sandusky civil case

For the CDTDecember 28, 2012 

— Penn State wants to delay proceedings in another civil case arising from the Jerry Sandusky scandal.

The university has asked U.S. Middle District Senior Judge William W. Caldwell to grant its motion for a stay in the lawsuit brought by an alleged Sandusky victim who is not one of the 10 in the criminal charges on which the former assistant football coach was convicted.

In documents filed within the past week in U.S. Middle District Court, Penn State claims there is an overlap between the civil case and charges against former university President Graham Spanier, retired senior vice president Garry Schultz and on-leave athletic director Tim Curley.

A brief filed Thursday states that those three and The Second Mile charity, also defendants in the case, concur in the continuance motion.

The university contends the victim, identified as John Doe, would not be prejudiced and the outcome of the criminal cases could resolve some of the factual issues in the civil matter.

Penn State points out civil cases in Philadelphia brought by four other Sandusky victims have been stayed. The document does not mention a stay sought by the university for the same reasons in the Mike McQuery defamation-whistle-blower suit in Centre County court was denied.

Permitting the criminal cases to conclude before moving forward in the civil case will conserve valuable judicial resources, the university contends.

The victim in the federal court case alleges Sandusky inappropriately touched him in a university swimming pool in 2005 while attending a camp sponsored by The Second Mile.

The victim claims he was living with his grandmother in Dauphin County at the time and was referred to The Second Mile by Edgewater Psychiatric Center of Harrisburg.

The center also is a defendant along with the State College law firm of McQuaide Blasko and one of its lawyers, Wendell Courtney. The law firm represents the university.

The law firm is seeking dismissal of the complaint against it and Courtney while Edgewater maintains after the victim gets requested records, it will be voluntarily removed from the case.

Sandusky, also a defendant, is serving a state prison term of 30 to 60 years after being convicted on charges he sexually molested 10 boys over 15 years.

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