Originally written on NESN.com  |  Last updated 1/15/13
HARRISBURG, Pa. — Penn State’s lawyers asked a judge Tuesday to throw out a whistleblower and defamation lawsuit filed by a former assistant football coach who testified he saw Jerry Sandusky attack a boy in a school shower more than a decade ago. Mike McQueary‘s lawsuit is too vague and does not meet legal standards to support claims of defamation and misrepresentation, the university wrote in a court filing. McQueary has sued the university for millions of dollars, claiming in an October complaint that then-president Graham Spanier made him a scapegoat in 2011 after Sandusky, a retired assistant football coach, was arrested on child molestation charges. “It is not enough that the alleged victim of a statement be embarrassed or annoyed, he must have suffered the kind of harm which has grievously fractured his standing in the community of a respectable society,” wrote Penn State attorney Nancy Conrad. A phone message seeking comment from McQueary’s lawyer, Elliot Strokoff, was not immediately returned. Sandusky, who spent decades at Penn State under longtime coach Joe Paterno, was convicted of 45 counts of child sexual abuse and is serving a lengthy state prison sentence. He maintains his innocence. Last week, he appeared in a central Pennsylvania courthouse for a hearing on his claim that he did not get a fair trial, in part because his lawyers lacked time to prepare. A judge has not yet ruled in that matter. Conrad’s new filing said that a Nov. 5, 2011, news release by Spanier, in which he expressed “unconditional support” for outgoing athletic director on leave Tim Curley and retired vice president Gary Schultz, did not relate to McQueary and did not defame him by innuendo. McQueary alleges he lost his job because he cooperated with prosecutors, and that Spanier’s statements suggested McQueary had lied about the 2001 shower attack. He is seeking reinstatement, a bowl bonus, back pay and benefits, among other things. His salary had been $140,000. McQueary’s “claimed innuendo can only be obtained by means of a tortured and unreasonable construction,” Conrad wrote. Curley and Schultz were arrested along with Sandusky, charged with perjury and failing to properly report suspected abuse. The state attorney general’s office recently added more counts against them, and charged Spanier for an alleged cover-up of complaints about Sandusky. All three men deny the allegations and await a court hearing. McQueary told jurors in the Sandusky case that he arrived in a team locker room late one Friday night and saw Sandusky with a naked boy in the shower, leading him to conclude Sandusky was raping the child. He said he heard a “skin-on-skin smacking sound” and described the encounter as extremely shocking.
GET THE YARDBARKER APP:
Ios_download En_app_rgb_wo_45
MORE FROM YARDBARKER

Report: Leafs trade Kessel to Penguins in multi-player deal

David Ortiz vehemently denies that his bat speed is declining

Report: Spurs sign Danny Green to deal, trade Tiago Splitter

Matt Duffy is baseball’s biggest surprise

Jim Harbaugh joins Colin Cowherd for awkward interview

LIKE WHAT YOU SEE?
GET THE DAILY NEWSLETTER:

Report: Butler leaning toward long-term deal with Bulls

Nick Foles ready to lead dynamic Rams offense

Odell Beckham Jr. offered professional baseball contract

Ex-player Bobby Bonilla gets $1.2M annual payday from Mets

Kings reportedly have 'strong interest' in Rajon Rondo

Report: Country club might be too exclusive for Brady, Gisele

DeSean Jackson rips Eagles in new reality TV show

Deciding what the All-Star Game really means

Being a Dallas Cowboys fan could cost Chris Christie votes

Winning and losing the strike zone game: Midseason update

Baltimore Orioles keep finding a way to win

Aldridge recruited to Lakers by Adam Levine, Snoop Dogg

Report: Pelicans sign Davis to five-year, $145M extension

Rex Ryan more excited about Taylor than Cassel?

Jose Aldo out of UFC 189, replaced by Chad Mendes

Landon Donovan takes shot at Jurgen Klinsmann

Hope Solo admits to using stalling tactics on penalty kick

Scottie Pippen: ‘I was LeBron James before LeBron James’

All Sports News
Delivered to your inbox
You'll also receive Yardbarker's daily Top 10, featuring the best sports stories from around the web. Customize your newsletter to get articles on your favorite sports and teams. And the best part? It's free!

By clicking "Sign Me Up", you have read and agreed to the Fox Sports Digital Privacy Policy and Terms of Use. You can opt out at any time. For more information, please see our Privacy Policy.
the YARDBARKER app
Get it now!
Ios_download En_app_rgb_wo_45

Deciding what the All-Star Game means

Odell Beckham Jr. offered professional baseball contract

Orioles keep finding a way to win

Lloyd sends USWNT to World Cup final

Selecting the 2015 AL All-Stars

NBA Draft grades: Eastern Conference

Under the radar NBA free agents

Michael Sam, boyfriend broke up?

Mickelson linked to money laundering?

Reminiscing on 'Love & Basketball' 15 years later

Selecting the 2015 NL All-Stars

The Sixers' latest horde

Today's Best Stuff
For Bloggers

Join the Yardbarker Network for more promotion, traffic, and money.

Company Info
Help
What is Yardbarker?

Yardbarker is the largest network of sports blogs and pro athlete blogs on the web. This site is the hub of the Yardbarker Network, where our editors and algorithms curate the best sports content from our network and beyond.