Penn State is challenging former assistant coach Mike McQueary’s whistleblower lawsuit, and the university filed court papers Tuesday asking the judge to dismiss it with prejudice.
Penn State attorney Nancy Conrad wrote in the suit that McQueary was not defamed when former university President Graham Spanier issued a statement in November 2011 in support of then-administrators Tim Curley and Gary Schultz.
Conrad also wrote that McQueary’s claims were not specific enough for a whistleblower suit.
McQueary, who as a graduate assistant in 2001 saw Jerry Sandusky in a shower with a young boy, testified to the grand jury investigating Sandusky, Sandusky’s trial and a court hearing for Curley and Schultz.
McQueary claimed in his suit that Penn State let him go because he cooperated with authorities.
Curley also claimed that Curley and Schultz misrepresented how they would respond to his report about the shower incident. Conrad wrote that the alleged broken promise cannot be considered sufficient proof to support the claim.
McQueary is asking for $4 million in lost wages and punitive damages. He claimed in s suit that his association with the Sandusky scandal has labeled him as part of a cover-up, which has prevented him from being able to work as a football coach.
Penn State also asked the judge to throw out the request for punitive damages, saying Spanier, Curley and Schultz did not have an “evil motive.”