Penn State, James Franklin seek dismissal of part of hazing lawsuit filed by former football player
Penn State flatly denied several allegations outlined in a federal lawsuit filed by a former football player, saying he “shoehorn(ed) the facts” to fit a legal argument.
Isaiah Humphries claimed in lawsuit filed in January that four former teammates in January 2018 orchestrated a campaign to harass and haze underclassmen member of the football team, including Humphries, by imitating sexual acts and invoking convicted child sexual offender Jerry Sandusky’s name.
Humphries filed the lawsuit against the university, football coach James Franklin and sophomore defensive lineman Damion Barber.
Penn State and Franklin’s argument for dismissing three of Humphries’ eight counts is that Humphries was not allegedly hazed by upperclassmen and the alleged hazing was not perpetrated by either the university or Franklin.
Jesse Luketa and Micah Parsons enrolled early with Humphries, while Yetur Gross-Matos and Barber had just completed their first semester when Humphries arrived in Happy Valley.
“Humphries and the four teammates he accuses of misconduct were the least senior members of the football team in January 2018,” university and Franklin attorney Matthew Kairis wrote in his 82-page response filed Monday. “Whatever, if anything, happened between Humphries and these teammates happened among lower-classmen, not part of some initiation ritual orchestrated by upperclassmen.”
Humphries transferred to the University of California in December 2018. He announced his decision on Twitter “in a message replete with appreciation of and well-wishes for the university and devoid of any claim of mistreatment,” Kairis wrote.
“You think that this young man is supposed to reveal his innermost thoughts to the public? Does that mean it didn’t happen?” Humphries’ attorney Steven Marino said Tuesday. “... You’re gonna find that his comments are gonna be corroborated by multiple other witnesses and multiple other pieces of evidence.”
The university’s sexual misconduct prevention and response office investigated Humphries’ claims after receiving an anonymous complaint six months after he left the university.
Humphries did not submit the complaint. It was submitted by someone who reported “the harassment and victimization” of a second football player, Marino said.
“Isaiah only got involved because they were investigating that claim,” Marino said. “They wanted Isaiah to share his experience with the investigators. Obviously, as a young man, he was reluctant, but eventually he decided to come forward.”
One student-athlete was disciplined based on the office’s report, but investigators made no findings of misconduct on the part of any other person, Kairis wrote. Barber was cited for violating the university’s student conduct policies, Marino said.
“At most, Humphries contends that the university and Franklin failed to intervene on his behalf,” Kairis wrote. “But that purported failure does not and cannot establish negligence per se under the Anti-hazing law.”
Centre County District Attorney Bernie Cantorna’s office investigated Humphries’ claims in April. The evidence garnered from that investigation did “not meet the high threshold necessary to file criminal charges and prove them beyond a reasonable doubt,” Cantorna said in January.
Several former and current Nittany Lions tweeted their opinions on the lawsuit shortly after it was publicized, with some accusing Humphries of telling “straight lies” and labeling the lawsuit as “nonsense.”
Humphries is seeking financial damages on claims of negligence against Penn State, Franklin and Barber, as well as assault and battery, conspiracy and intentional infliction of emotional distress allegations against Barber.
This story was originally published March 17, 2020 at 12:04 PM.