Judge denies default judgment against Jerry Sandusky

For the CDTApril 10, 2013 

— Jerry Sandusky does not have to worry about a default judgment being entered against him in a federal civil case brought by one of his alleged victims.

U.S. Middle District Senior Judge William W. Caldwell on Tuesday denied a motion for such a ruling sought by the victim’s lawyer, Don Bailey.

The former auditor general, in a motion filed Friday, contended that Sandusky had failed to respond to the complaint within the required 21 days, so his victim was entitled to a default judgment.

Caldwell wrote that the court has discretion and it may consider various factors when deciding whether to enter a default judgment.

Since on Feb. 14 all activities in the case were delayed at the request of Penn State, also a defendant, and Sandusky was not served in prison until March 12, the judge said he concluded he should not grant a default judgment.

When the delay is lifted, Sandusky would be expected to respond in a timely manner, Caldwell said.

The university asked for the delay until criminal charges against former President Graham Spanier, retired senior vice president Gary Shultz and on-leave athletic director Tim Curley were resolved. They are defendants in the civil case, too.

Bailey had filed the suit on Oct. 12 but maintained the state Department of Corrections hindered his efforts to serve Sandusky, an inmate at the Greene prison in Waynesburg, where he is serving a term of 30 to 60 years. The state denied the allegations.

A Dauphin County native, who was not one of the 10 named in the charges on which the former Penn State defensive coach was convicted, alleges in the suit he was sexually molested in a campus swimming pool in 2005.

He claims to have been attending a camp sponsored by The Second Mile, a charity founded by Sandusky and a defendant in the civil suit.

Other defendants are the State College law firm of McQuaide Blasko, one of its former lawyers, Wendell Courtney and Edgewater Psychiatric Center, of Harrisburg. The law firm represents Penn State and the victim alleges he was referred to The Second Mile by Edgewater.

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