Penn State quarterback Rashard Casey will file a lawsuit against the Hoboken, N.J., Police Department, exactly one month after a grand jury decide not to indict him on an aggravated assault charge brought up by the force.

Casey and his lawyer, Dennis McAlevy, filed an intent to sue for "malicious prosecution of criminal charges filed against Mr. Casey and continued slanderous statements alleging Rashard Casey's involvement in a racially motivated aggravated assault on an off-duty police officer."

McAlevy could not be reached for comment last night, but in the past, he had pointed out what he thought to be police chief Carmen LaBruno's motives.

"The only one who injected race into this case has been the chief of police," McAlevy said in August.

Police, however, said and have maintained that Casey and friend Desmond Miller, who was indicted on third-degree aggravated assault, confronted off-duty Hoboken police officer Patrick Fitzsimmons early this past Mother's Day outside a popular bar. Fitzsimmons, who is white, was escorting a black woman, allegedly a friend of Casey's from high school. Both Casey and Miller are black.

Casey and Miller punched and kicked Fitzsimmons into unconsciousness, police said. He was taken to a local hospital and released several hours later.

Fitzsimmons sustained serious injuries and still has not reported back to work. He filed suit on June 29 against Casey, Miller and another friend, Syracuse saftey Keeon Walker, who was with the two at the time.

Gary Cavalli, an attorney who works in the same firm as Fitzsimmons' attorney, Anthony J. Pope Jr., filed the original civil complaint against Casey. Yesterday, Cavalli said the firm still would enforce its own lawsuit.

"Our complaint was filed months ago against Casey," Cavalli said. "The fact that he was not indicted has no effect on the lawsuit. We still intend to pursue it."

Barbara Casey, Rashard's mother, said the news of her son's legal intentions surprised her.

"I haven't spoken to his lawyer or anything," Barbara said. "I haven't spoken with Rashard about the matter."

She added, however, that she had seen reports about a possible lawsuit in the local paper, but nothing was certain.

"Rashard, he should sue them," she said, "after the way they slandered him."

LaBruno could not be reached for comment yesterday, but he told The Jersey Journal on Wednesday that he "looks forward to the opportunity of having Mr. Casey under oath and subjecting him to testifying without the benefit of his lawyer telling the story in his lawyer's words."