Penn State’s attorney James A. Keller has submitted a motion for a stay on the civil case filed last month by the person referred to as “Victim 1” in the Jerry Sandusky case.
The basis for the motion to delay the case is the “parallel and well-publicized criminal proceedings” against Tim Curley and Gary Schultz, as well as the ongoing investigation by the Pennsylvania Office of Attorney General, according to court documents.
According to the motion dated Sept. 12, Keller wrote stays were granted in two other similar civil suits against Penn State.
Penn State Spokesman David La Torre wrote in an email that the motion “was nothing more than a procedural move.”
He said the university “remains committed” to resolving the claims in a fair manner that respects their privacy.
Jury selection for the Curley and Schultz trial is scheduled to begin Jan. 7.
Slade McLaughlin, the attorney for the person referred to as “Victim 1,” said he and his client understand why the motion was filed, but the stay is an attempt to push back their case.
McLaughlin said if the stay is not granted his team would refrain from working on details regarding Curley and Schultz.
“There are a lot of third party discovery we want to do,” he said. “There’s plenty of other things we can do without looking at them.”
The person referred to as “Victim 1” in the Sandusky trial, and “John Doe C” in the lawsuit documents, filed the lawsuit against the university on Aug. 24 for negligence, fraudulent concealment, intentional infliction of emotional distress, negligent infliction of emotional distress and civil conspiracy, as previously reported.
McLaughlin said they filed the civil suit at that time because the “real impediment” to their case was over –– Sandusky's trial happened in June.
The person called “Victim 1” is now 18 years old and testified during the trial before Sandusky was convicted on 45 counts of child sex abuse.
With other possible indictments relating to the Sandusky case, McLaughlin said he is concerned with how long they will have to wait before they can start.
“How long are we going to be put off?” he said. “I don’t know what else is coming down the road for Penn State.”
McLaughlin said there is also concern for his client and others involved in the Sandusky case who want to put these problems behind them. With more civil litigation out there, everyone involved in the Sandusky case will have to continue to wait for his or her turn, he said.
“We’re ready to go. The client’s ready to go,” he said.
McLaughlin said he assumes Penn State will attempt to put off all civil litigation but the lawyers who represent those who are suing the university in relation to the Sandusky case will continue to fight to move forward.
