A State College law firm is continuing its effort to be removed from a federal lawsuit brought by an alleged Jerry Sandusky victim against him, Penn State, The Second Mile and others.
Although U.S. Middle District Senior Judge William W. Caldwell last week granted the university’s request for a stay of activity in the case, McQuaide Blasko on Wednesday filed a memorandum in support of its motion to dismiss.
This is what the law firm said of the alleged victim’s opposition to the motion to dismiss:
“In its opposition, plaintiff responds with 11 pages of irrelevant nonsense, going off on tangents that include plaintiff’s counsel (Don Bailey) ruminations on his long ago political career.
“Telling, the opposition does not contain a single citation to the complaint itself. And for good reason, there is nothing in the complaint that even comes close to sustaining the claims against McQuaide Blasko.”
There are no facts in the complaint that demonstrate McQuaide Blasko had knowledge Sandusky would cause harm to the plaintiff, identified only as John Doe, the law firm said.
Also, it contends Doe has not alleged any facts demonstrating McQuaide Blasko acted in a manner that caused Sandusky to touch him in a campus swimming pool in 2005.
Doe alleges the sexual contact occurred while he was attending a camp operated by The Second Mile, a charity founded by Sandusky.
Caldwell stayed activity in the case until criminal charges are resolved against former university President Graham Spanier, retired senior vice president Gary Schultz and on-leave athletic director Tim Curley. They are scheduled for trial in 2014.
Sandusky is serving a sentence of 30 to 60 years for sexually molesting 10 boys over a 15-year period. Doe is not one of those 10.